Important Probate Timelines In Florida

It is no secret that probate can be a lengthy process in Florida. This is, in fact, one reason people use different strategies to help their loved ones avoid it after they pass away. However, while many people know that it is time-consuming, they do not know the timelines involved, or what happens during the process. One of our St. Petersburg probate administration attorneys outline the important timelines you need to know below.

Ten Days to File Probate 

The ten-day deadline to file probate is the first deadline to occur during the process. This means that the person who is in possession of the deceased’s will must file it with the probate court in which the decedent passed away within ten days of the death. This is a firm deadline for estates of any size.

Issuing Letters of Administration 

Before the personal representative named in the will can begin completing their various duties, the court must formally recognize them in the position. To do this, the court will issue Letters of Administration. The court will send these letters to the personal representative between one to four weeks after the will is filed with the court.

Timelines Involving Creditors 

Once probate has officially begun, the personal representative must notify creditors, typically through publication in a local newspaper. The law does not outline a specific time limit for this, but personal representatives are required to notify creditors promptly. Typically, notice is published for two weeks. Creditors then have just 90 days to file a claim against the estate if the decedent still owes debt.

If the probate process involves formal administration or ancillary proceedings, the personal representative must submit proof of the decedent’s death to the creditors within three months of publishing notice.

The last deadline involving creditors is four months from the time the notice to creditors was published. After four months, the personal representative must submit a verified statement to the court stating that all creditor claims have been investigated.

Accounting Objections 

Personal representatives must also provide an accounting to the court. The accounting details any funds paid from the estate, such as debts paid to creditors. The accounting also outlines the assets, liabilities, receipts, and disbursements in or from the estate. Any party with an interest in the estate can object to the accounting but they only have 30 days to do so.

Distribution Receipts 

After creditor claims have been paid, as well as taxes and other expenses due from the estate, the personal representative can then distribute remaining property to the beneficiaries as outlined in the estate plan. The personal representative must then provide distribution receipts to the court. This must be done within one year of the Letters of Administration being issued, in most cases.

Our Probate Administration Attorneys in St. Petersburg Can Help You Meet the Deadlines 

If you are currently administering a loved one’s estate, our St. Petersburg probate administration attorneys can help. At Legacy Protection Lawyers, LLP, our experienced attorneys can guide you through the process, ensure all important deadlines are met, and make things as easy as possible for you. Call us today at 727-471-5868 or fill out our online form to request a consultation with one of our experienced attorneys.

Source:

flsenate.gov/laws/statutes/2000/732.2025