Miami is known for its vibrant culture, diverse communities, and thriving economy. It is also one of the dream vacation spots for many across the world. But the city is more than its beaches, clubs, and luxury hotels; it’s home to over 400,000 people.
When one of the residents here dies, their assets, debts, and many other aspects need to go through a legal process called ‘probate.’ Probate is the court process where a person’s will is checked and carried out after they pass away. If there is no will, probate is still required, and the estate is handled according to state law. A Miami court will oversee everything to make sure debts are paid, taxes are handled, and property is given to the correct heirs.
This process is important, but it is not always smooth. Families in Miami often run into problems during probate, which can cause stress, delays, and even fights. Many families choose to work with estate probate lawyers serving Miami residents to guide them through the process.
What Happens in Probate?
Before we go into the problems, it is important to clearly understand what probate involves. When a person dies, their estate goes through a few key steps:
- The court verifies that the will is valid. If there is no will, the court chooses someone (a personal representative) to manage the estate.
- An executor or personal representative collects all the assets. These can include money, property, investments, and personal belongings.
- The executor pays off all debts, including loans, credit cards, or medical bills. They must also pay any required taxes.
- After debts and taxes are handled, the remaining property is distributed to heirs or beneficiaries according to the will or the law.
What Are the Challenges in Probate?
Here are the common challenges families face in probate procedures:
The Executor Does Not Want the Role
The executor is the person named in a will to handle probate. They must gather assets, pay debts, handle taxes, and keep everything organized. But not everyone wants that responsibility. Some people feel overwhelmed, especially if the estate is large or complicated.
If the person chosen as executor refuses the role, the court must find someone else. This usually means a family member will step in, but if no one is willing, the court may appoint an outside administrator.
This can cause delays and sometimes even disagreements between family members about who should take over.
Families Dispute the Value of the Estate
The value of an estate matters because it affects taxes and how property is divided. But deciding what an estate is worth is not always easy.
Real estate, family businesses, jewelry, or artwork may need professional appraisals. If one family member believes the estate is undervalued or overvalued, they might challenge the numbers.
Someone Challenges the Will
One of the biggest problems in probate is when a will is contested. This means someone believes the will is not valid or does not reflect the deceased person’s true wishes. Common reasons include:
- A family member believes the person was pressured or tricked into writing the will.
- Someone claims the person did not have the mental ability to understand what they were signing.
- A family member says the will leaves out promises the deceased made to them.
If the will is challenged, the person contesting it must prove their claim in court. This often leads to long and expensive legal battles that divide families.
A Newer Will Is Found
Sometimes people create more than one will in their lifetime. Only the most recent valid will can be used in probate. If a newer will is discovered after the court has already started probate, everything may need to stop and start over.
This can be frustrating for beneficiaries, especially if the new will changes who inherits what.
The Estate Has Assets in More Than One State
When an estate has property in different states, probate becomes much more complicated. Each state has its own probate process, and sometimes the executor must open more than one case. This costs extra money and takes extra time.
If heirs live in different states or countries, communication and paperwork can become another problem.
Debts and Creditors
One of the executor’s main jobs is to pay off debts. But not all creditors are straightforward. Some are legitimate, while others may be dishonest and try to claim money that is not owed. Executors must carefully review each claim and decide if it is valid.
Another issue is when the estate does not have enough money to pay for everything. In that case, the law decides which debts get paid first. Some creditors may not get paid at all, and beneficiaries may receive less than expected.
Recap: Key Challenges Families Face During Probate
- Executors refusing or failing in their role
- Disputes about estate value
- Will contests and claims of newer wills
- Executors breaking their fiduciary duty
- Family arguments and rivalries
- Assets are spread across multiple states
- Creditor claims and unpaid debts
