How Long Does Probate Take in Florida?
A loved one died, and you are the executor of their estate. Or maybe you are an heir wondering when you will receive your assets. In any case, you will likely want to know how long the probate process takes.
There is no clear-cut answer to this question, as each probate case is different. In each estate, there are different assets involved as well as different estate planning vehicles. Some people have wills, while others have trusts. Many people have no estate plan in place, making the process even more complex.
Probate can last as little as one month, or extend to a year, two years, or even longer. Formal administration is the most common type of probate in Florida. Under this type of probate, all the steps are supervised by the court. It takes a minimum of six months but most often takes around 18 months. Generally speaking, probate can take up to three months for simple estates, up to one year for standard formal administration, and two years or longer for complex or contested estates. Here is a look at the general timeline and what you can expect.
A Look at the Probate Timeline
The probate timeline consists of various deadlines and milestones. Here’s what you need to know:
- Probate filing. You first need to be mindful of the 10-day deadline. The individual holding the deceased’s last will and testament must file for probate within 10 days from the day the person died. Probate must be filed in the same county where the person died. The size of the estate does not matter. The 10-day deadline applies only if there is a will. If there is no will, this deadline does not apply.
- Letters of administration. In order for a representative of the estate to fulfill their duties, the probate court will need to formally recognize them as the executor of the estate. This is done by issuing letters of administration. The probate court will need to send administrative letters to the estate’s executor. This will take one to four weeks.
- Creditor notification. Once the probate process has begun, the next step is for the executor to publish a notice to creditors. Notices are usually published for two weeks, and creditors have 90 days from the date of notice to file any claims.
- Verified statement. A verified statement of the estate’s assets and liabilities must be submitted to the court within four months.
- Verify the will. The probate court has to determine the validity of the will.
- Settling claims. When the estate’s assets have been used to settle creditor claims and unpaid taxes, the executor then distributes assets. The executor must provide distribution receipts to the court. This must be completed within one year of the letters of administration being issued.
- Closing. The final step is for the executor to formally close the estate.
Contact Our West Palm Beach Probate Attorney Today
Probate can be a long, costly process in Florida. Every case is different, but it is not uncommon for the process to take one to two years or even longer. You will need to be patient.
West Palm Beach probate attorney Brian K. McMahon, P.A. can guide you through the probate process. Schedule a consultation today by calling (561) 658-1789 or filling out the online form. We serve the West Palm Beach, Boca Raton, Port St. Lucie, and South Florida areas.