How Long Does Probate Take In Florida?
When a person passes away, their estate often has to pass through the probate process. A person’s estate is made up of the assets and liabilities they accumulated during their lifetime. During probate the administration, all property is inventoried and eventually, distributed to the beneficiaries named in a will or according to the intestacy laws in Florida.
Many people try to avoid probate because the process can be costly and time-consuming. So, how long can you expect probate to take? Simple estates may require just a few months of probate. However, a majority of estate take at least one year, if not longer, depending upon the complexity or other issues that may arise. Below, one of our St. Petersburg probate lawyers explains in further detail.
Ten Days to Deposit the Original Will
The individual in possession of the deceased’s original will has just ten days from the date of discovery the decedent’s passing to deposit original will with the clerk of court. The will must be deposited in the court in the same county as the deceased’s residence.
Admitting the Will
After the will is deposited with the court, a petition for administration of the estate is filed to initiate the probate process. One of the first steps in the process is to have the will admitted to probate. If the original will was deposited and is self-proving, it is fairly simple to admit the will. However, if only a copy of the will is available, the will was lost but never revoked, or it is not self-proving, the validity and/or the contents of the will have to be proven to admit the will to probate. This may require oaths by witnesses or even hearings with witnesses to testify as to the will. When a will has been signed in front of a notary, the will is considered self-proving, and this step is not required.
Appointing a Personal Representative
A personal representative is usually named in the will. As long as there are no objections, the court will appoint that person or entity as the personal representative. When there is no will or someone objects to the person named as personal representative, the court has the ability to name the personal representative. If someone wishes to be named personal representative, they can petition the court. Depending on the circumstances, appointing the personal representative can take between one and four weeks, but if it is contested, it may take even longer.
Notifying Beneficiaries and Creditors
The personal representative must also notify the beneficiaries listed in the will. After receiving notice, beneficiaries then have a certain amount of time to file an objection to certain aspects of estate administration, such as the will. The amount of time a beneficiary has to file an objection depends on how they receive notice.
Personal representatives also must notify creditors of the decedent’s death. A creditor has three months from the first publication date of the notice to creditors or 30 days from the date of receiving direct service of the notice, whichever is later, to file a claim against the estate.
The above specified steps of the probate administration are only the beginning of the process. Several more steps are required by the personal representative to complete the probate process, including handling any creditor claims, collecting and inventorying all assets, and more.
Our Probate Lawyer in St. Petersburg Can Help You Through the Process
If you have lost a loved one and are now facing the probate process, our St. Petersburg probate lawyers can help. At Legacy Protection Lawyers, LLP, our experienced attorneys can help you prepare for the process, advise you of what to expect, and help you through it so it is as quick and easy as possible for you. Call us today at 727-471-5868 or contact us online to schedule a consultation and to get the legal help you need.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.901.html
