How Long Does Probate Take In Florida?

The probate process in Florida can be time-consuming, expensive, and complex. It is natural for beneficiaries and personal representatives to wonder how long the process may take. Personal representatives have many responsibilities throughout the process and beneficiaries cannot receive their inheritance until probate is resolved. There are also many different types of probate in Florida and these also impact how long the process will take. Below, our Volusia County estate administration lawyer explains in greater detail.

How Does Probate Work in Florida? 

There are many steps involved in the probate process in Florida. These include:

• Identifying the assets of the deceased that are subject to the probate process
• Filing the petition, along with any will the deceased left behind, with the court
• Notifying creditors of the death in case they want to file a claim against the estate for unpaid debt
• Inventorying the assets of the deceased and submitting the inventory to the court
• Paying creditors that make claims against the estate
• Filing and paying any necessary taxes
• Distributing property to the beneficiaries according to the provisions of the will or the intestacy laws in Florida
• Defending any contests or challenges against the estate
• Closing the estate after assets have been distributed

Probate Timelines in Florida 

There are three types of probate in Florida. The process used will depend largely on the complexity of the estate and where the property is located. The probate timelines in Florida are as follows:

• Summary administration: Summary administration is reserved for the simplest estates. Typically, summary administration takes between one to four months.
• Formal administration: There are a number of complex steps required during formal administration. In most cases, formal administration is completed within four to twelve months, although it can take longer in some cases.
• Ancillary administration: Ancillary administration is required when a deceased individual owned property, such as real estate, in another state. This type of probate is separate from probate proceedings occurring in the other jurisdiction and takes approximately four to twelve months to complete.

Factors Impacting the Probate Timeline 

While attorneys can provide general guidelines regarding the timeline for probate, there are many factors that will determine how long any specific case takes. These include:

• Size of the estate: When an estate includes significant assets or beneficiaries, there may be additional documentation, titling, and other complex factors.
• Beneficiary disputes: Disputes can arise between beneficiaries regarding their portion of the estate. Interested parties who were not named in a will or other estate planning document may also contest during proceedings.
• Debt: If the deceased owed significant debt, probate will also require dealing with estate divisions, debt collectors, and more.
• Tax issues: Florida does not have inheritance or estate taxes. However, federal estate tax issues can arise that can result in probate taking longer.

Our Estate Administration Lawyer in Volusia County Can Help Settle Your Loved One’s Affairs 

At Bundza & Rodriguez, our Volusia County estate administration lawyer can help settle your loved one’s affairs and make the probate process as easy as possible for you and your family. Call us now at 386-252-5170 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html