How Soon After A Family Member’s Death Should You Open The Estate For Probate?
The time it takes for an estate to settle after the decedent’s surviving relatives open the estate in probate court varies. Most people’s estates settle in less than a year, but if there are disputes over debts or over the validity of the will, it can take longer. We have all read news stories about wealthy people whose estates took years to settle, and sometimes the probate cases even stretched on for decades. How long does it take for a probate case to start, though? That depends on you, the family member who has the decedent’s will in your possession or who knows that the decedent did not write a will. There is no legal deadline for opening the estate. Some people wait years before opening a deceased relative’s estate for probate. This usually happens when the decedent owned little property and the heirs were unsure if there was anything to inherit. It can also happen if the decedent had not been in contact with his or her family for many years, and the family did not find out until years later that the decedent had died. If it has been more than a year since a family member of yours died, and you are considering opening the estate for probate, contact an Orlando probate lawyer.
The Case for Taking the Time to Grieve Before You Open the Estate
Probate is stressful. Imagine filing a tax return that is supposed to set things in order forever, not just for one year. It is hard enough when you are not also dealing with the recent death of a family member. We have all heard the horror stories about families being torn apart by probate disputes; sometimes people use probate court as a venue to act out against the pain that the decedent and other family members have caused them. Perhaps you and your siblings never cared for each other, but you kept the peace for the sake of your parents, and now that your parents are gone, probate is when you get to stage the battle that has been brewing since you were children. The probate process might be more peaceful, and therefore less costly if you take a year or more to talk things out with your respective friends and therapists before estranged relatives face each other in probate court. If you know that you and your relatives have irreconcilable differences, it might be best to communicate through your lawyers when administering your deceased family member’s estate.
Starting Probate Sooner Rather Than Later Avoids Problems
Waiting to open an estate to probate does not cause you to miss your chance to inherit. It does, however, make things messier. The estate’s assets can depreciate, and it can be harder to locate the relevant documents and people, adding time and expense to the process.
Contact Gierach and Gierach About Probate for Late Bloomers
An estate planning lawyer can help you open the estate of a family member who died more than a year ago. Contact Gierach and Gierach, P.A. in Orlando, Florida to discuss your case.
Source:
leg.state.fl.us/Statutes/Index.cfm/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0733/Sections/0733.502.html#:~:text=733.502%20Resignation%20of%20personal%20representative,not%20jeopardized%20by%20the%20resignation.
