How Long Does Probate Take In Florida?
The only honest answer to this question is that the probate process takes longer than you think. Anyone who gives a specific answer to this question is either inexperienced or telling you what you want to hear. Probate is the legal process which transforms a will into an enforceable document. Many people place much of their property in trust and thereby bypass much of this process. But almost no one puts everything into trust. Additionally, no one can put people into trusts.
So, almost all estates go through probate, at least to an extent. As a result, an Orlando probate lawyer should be part of this process. Court-appointed attorneys are usually unavailable, except perhaps guardian ad litems who normally represent minors. Adult family members, even if the decedent died testate (with a will), usually have no voice in the process, unless an Orladno probate lawyer speaks up for them.
Types of Probate in Florida
Large counties in Florida, such as Orange County, offer two main types of probate: formal administration and summary administration.
Summary administration is a faster process for small and/or simple estates (under $75,000 or the decedent has been dead for more than two years). In most cases, this process is complete in under a month or up to three or four months, depending on how efficiently an Orlando probate lawyer files documents and whether there are any disputes. If the decedent has been dead for two years, the probability of a probate dispute is low.
Formal administration, which is the more common and lengthier process, applies to larger or legally uncertain estates. This usually takes six months to a year or more, depending on the complexity of the estate.
If the decedent died intestate (without a will), the estate almost never qualifies for summary administration, regardless of its size or date of the decedent’s death. These matters are inherently much more complex, starting with the appointment of an administrator.
Key Steps That Affect the Timeline
Like most other legal processes, probate begins when a petition is filed with the circuit court in the county where the decedent lived. If the paperwork is in order and uncontested, the court nearly always appoints the executor named in the will as personal representative. An intestate executor could be almost anyone. Usually, a family member who doesn’t want this responsibility gets stuck with the job.
Next, Florida law requires that creditors be given three months to file claims against the estate after notice is published. This mandatory creditor period alone adds time to the process.
After the personal representative identifies, values, and reports all assets, the estate must pay off debts, expenses, and any taxes due before distributions can be made. Disputes among creditors or tax issues significantly delay the process.
Once debts are paid and any objections resolved, the personal representative distributes any remaining assets to beneficiaries. If everyone agrees and documentation is complete, this step is fairly quick. Finally, the personal representative files a final accounting and petition to close the estate. If the court approves, the estate is officially closed.
Count on a Savvy Orange County Lawyer
Comprehensive estate plans address issues that affect the living and the dead. For a confidential consultation with an experienced guardianship lawyer in Orlando, contact Gierach and Gierach, P.A. Convenient payment plans are available.
Source:
floridabar.org/public/consumer/pamphlet026/
