Experienced Probate & Estate Litigation Attorneys in Miami
When someone passes away in Florida, their estate is administered through the probate court system, and Florida law generally requires the involvement of an attorney throughout the process. Probate matters can involve estate administration, inheritance issues, and, in many cases, disputes among beneficiaries, heirs, or other interested parties.
Di Pietro Partners represents executors, beneficiaries, and families in Miami and throughout Miami-Dade County, handling both routine probate administration and complex estate and probate litigation. Our attorneys work to protect clients’ interests, resolve disputes efficiently, and guide estates through the Florida probate process from start to finish.
Probate & Estate Legal Services in Miami
Will Contests – Sometimes, disputes arise over the validity of a will or the intentions of the deceased. Common reasons for disputes include claims of undue influence, fraud, duress, or lack of testamentary capacity.
Estate & Probate Litigation – Representation in contested probate proceedings involving inheritance disputes, asset distribution conflicts, and creditor claims.
Trust Litigation – Legal disputes involving trust administration, beneficiary rights, and alleged misconduct by trustees.
Trust Administration – Assistance for trustees and beneficiaries to ensure trusts are administered properly and in accordance with the trust terms and Florida law.
Intestate Succession (Dying Without a Will) – Representation in probate matters involving estates without a valid will, handled under Florida intestacy statutes.
Breach of Fiduciary Duty – Claims involving mismanage/florida-probate-attorney/trust-administration/#Trust-Admnistrationment, self-dealing, or other misconduct by personal representatives or trustees.
Probate Administration – Guidance through the probate process, including court filings, creditor notices, and asset distribution in compliance with Florida law.
Guardianship Proceedings – Legal guidance in guardianship matters involving incapacitated individuals and court-appointed guardians.
Probating a Will in Miami
When it comes to probating a will in Miami, the process is governed by Florida probate law and handled through the Miami-Dade County probate court system. Depending on the value of the decedent’s estate and the nature of the assets involved, there are three primary types of probate administration. The estate’s value is determined by calculating the total property subject to probate.
Formal Administration – This is typically the most common type of administration used in probating a will. This administration applies to estates valued over $75,000.
Summary Administration – This form of probate administration is used when the total estate value is $75,000 or less. It’s essentially an expedited version of the probate process.
Disposition Without Administration – This version of probate can only be used when the decedent did not leave behind any real estate property and the assets that can be probated are valued below the costs of probate proceedings themselves.
Dying Without a Will in Miami (Intestate Succession)
When someone dies without a valid will, their assets are declared intestate. It’s important to note that “intestate” does not mean that the property now belongs to the State. In fact, Florida has a specific process in determining who receives the decedent’s assets in the absence of a valid will. Here’s a simplified flowchart showing who receives assets when someone passes away without a will in Florida.
- When the decedent has a surviving spouse and has no living children, grandchildren, parents, etc, then the spouse shall receive the entire estate.
- If the decedent has a spouse and also has one or more living family members who are family members of the spouse (i.e children), the spouse shall receive the entire estate.
- If the spouse has additional living immediate family members that are not immediate family of the deceased individual, the spouse shall receive one-half of the estate with the other half going to the spouse’s descendants.
- In cases where the decedent was not married at the time of their passing, the immediate family members will receive the entire estate. The assets will then be divided in accordance with Florida law.
- If the deceased person was not married and also has no living immediate family members, the inheritance will pass to surviving parents of the decedent.
- In cases where someone dies without any surviving close family members, spouses, or relatives, the State of Florida will search for more remote heirs in accordance with intestate law.
The full process can be found in Chapter 732 of The Florida Statutes. This process is very in-depth and often causes confusion/disagreements among beneficiaries. As a result, it’s vital to work with a Florida probate attorney that’s experienced with issues involving intestate succession.
Miami Probate Litigation Attorney
Probate litigation involves legal disputes that arise during the administration of a deceased person’s estate. In Miami, these disputes often involve challenges to the validity of a will, disagreements over the interpretation of estate documents, or conflicts regarding the distribution of assets among heirs and beneficiaries. Probate litigation may be initiated by beneficiaries, heirs, creditors, or other interested parties when disputes cannot be resolved through the standard probate process.
Probate litigation proceedings are overseen by the probate court and may involve hearings, discovery, depositions, and, in some cases, trial. Experienced legal representation is essential when navigating contested probate matters.
Probate Litigation in Miami-Dade County Courts
Probate litigation cases in Miami and throughout Miami-Dade County are handled within the Eleventh Judicial Circuit Court of Florida. These matters can be complex and highly contentious, particularly in disputed or high-value estates. Working with a Miami probate attorney who has experience litigating probate matters and familiarity with the local court system is critical to protecting your rights and interests.
Filing Probate Cases in Miami
The court that’s responsible for probate in Miami as well as the rest of Miami-Dade County is the Eleventh Judicial Circuit of Florida. Our law firm is located in Fort Lauderdale and is highly experienced with probate cases within this court system.
Eleventh Judicial Circuit of Florida
175 NW 1st Ave,
Miami, FL 33128
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Miami-Dade County Clerk of Courts
73 W Flagler St,
Miami, FL 33128
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Trust Administration in Miami
Trust administration involves managing and distributing assets held in a trust in accordance with the terms of the trust document and Florida law. Trustees have a fiduciary duty to act in the best interests of beneficiaries, and failure to meet those obligations can lead to disputes or litigation.
Di Pietro Partners represents trustees and beneficiaries in Miami and throughout Miami-Dade County, assisting with both routine trust administration matters and contested trust issues.
Common Types of Trusts in Florida
Living Trusts – The most common type of trust, which may be revocable or irrevocable, used to manage assets during a person’s lifetime and distribute assets after death.
Testamentary Trusts – Trusts created through a will that take effect after the decedent’s death and are administered as part of the probate process.
Domestic Asset Protection Trusts (DAPT) – Trusts designed to provide asset protection from certain creditor claims and, in some cases, marital disputes.
Talk With a Miami Probate & Estate Litigation Lawyer
Di Pietro Partners is an AV Preeminent® rated law firm representing clients in probate, estate administration, and estate litigation matters throughout Miami and Miami-Dade County. Our attorneys handle both straightforward probate matters and complex disputes involving contested wills, trusts, and fiduciary misconduct.
If you are dealing with probate, inheritance issues, or an estate dispute, our Miami probate attorneys can help you understand your options and protect your interests at every stage of the process.
(Location by appointment only. Please call to schedule)
80 S.W. 8th Street
STE 2000
Miami, FL 33130
Phone: (786) 386-0250
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