How long does Probate take in Florida?

When a loved one dies who lived in or owned property in Florida, the timeline for settling their financial and legal affairs can be measured in weeks, months, or years. Depending on the size and complexity of the estate, probate in Florida takes anywhere from one month to 18 months or more. 

Florida requires the individual in possession of the deceased person's last will and testament must file for probate within 10 days from the date of death of the deceased in the same county where the deceased died. Once you have met the filing deadlines, however, Florida courts provide a reasonable time throughout the rest of the process.

Types of probate in Florida

There are two main types of paths for probate in Florida: formal administration and summary administration. Formal administration is the longest process and the most common. With formal administration the steps of the probate process are under the supervision of probate court. It takes a minimum of six months, but it generally takes 18 months, and, as in any state, complex and litigated estates can add a year or more to the timeline. Summary administration probate usually takes one to two months. It is an expedited, easier process, but not everyone qualifies for this option. To meet the criteria for summary administration, one's estate must be valued at less than $75,000 in non-exempt assets, with no debt– including credit card or medical. 

Getting started with Formal Administration in Florida

In almost all cases, Florida law requires that a licensed attorney administer the estate. Within 10 days of your loved ones death, you’ll need to file the original will and initiate probate in the county  in which the person was living or owned property. Next, the personal representative- the person who is legally empowered to act on behalf of the estate- will notify those named in the will and all potential heirs that the estate is open.

Notifying creditors for a Florida estate

Once probate has begun, you are required to notify creditors that your loved ones have died and that an estate has been opened. The personal representative must publish a general notice to creditors in a newspaper where your loved one lived at least once per week for two consecutive weeks. Throughout this period, the personal representative must make a list of all known and potential creditors and file this with the court. 

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.