Florida Probate Timeline

What Is Probate?

Probate is the legal process used to manage the estate of a deceased person. This process includes validating their will, if available, inventorying their assets, paying debts and taxes, and distributing the remaining assets to the rightful heirs and beneficiaries.

Probate is conducted under the supervision of a Florida probate court and can vary in complexity based on whether the deceased left a will and the size of their estate.

The process ensures that the deceased’s financial responsibilities are taken care of and their assets are distributed according to their wishes or state law if no will exists.

How Long Does Probate Take?

Probate takes 6 to 9 months from beginning to end.

The timeline can vary significantly depending on the complexity of the estate and whether there are any disputes among beneficiaries or creditors.

What are the Steps of Probate?

Here’s a step-by-step overview of the probate process in Florida:

Step 1: Filing the Petition

• Initiating Probate: The process begins with filing a petition with the probate court in the county where the deceased resided at the time of their death. If there is a will, it should be submitted to the court along with the petition to open probate. The court then issues letters of administration, appointing a personal representative (also known as an executor) to oversee the estate.

Step 2: Notifying Creditors and Interested Parties

• Public Notice: Shortly after probate begins, the personal representative must publish a notice in a local newspaper. This serves as a public notice to creditors that they have a specific period, typically three months, to file claims against the estate for any debts owed by the deceased.
• Direct Notice: The personal representative must also directly notify known creditors and all beneficiaries named in the will, or heirs if there is no will, about the probate proceedings.

Step 3: Inventory of the Estate

• Asset Collection: The personal representative must gather and list all the estate’s assets. This inventory includes everything from bank accounts and real estate to personal items and stocks.

Step 4: Paying Debts and Taxes

• Settling Debts: The estate’s debts, including funeral expenses, outstanding bills, and legal fees, must be paid. If necessary, assets may be sold to cover these debts.
• Tax Returns: The personal representative must file the final personal income tax returns for the deceased and any estate taxes that are due.

Step 5: Distribution of Assets

• Following the Will or Florida Law: After debts and taxes are settled, the remaining assets are distributed according to the will’s instructions. If there is no will, the assets are distributed according to Florida’s intestacy laws, which typically prioritize spouses, children, and other close relatives.

Step 6: Closing the Estate

• Final Accounting: The personal representative must submit a final accounting to the court, detailing all income to and expenditures from the estate.
• Discharge: Once approved by the court, the personal representative is discharged from their duties, and the probate process is officially closed.

Types of Probate in Florida

• Formal Administration: Used for larger estates or when comprehensive administration is necessary. This is the standard form of probate.
• Summary Administration: An expedited process available if the value of the estate is less than $75,000 (excluding the value of homestead property), or if the decedent has been deceased for more than two years.

Determining which type of probate to file depends on the amount and nature of the property that the decedent owned and the decedent’s date of death.

Homestead properties are not subject to probate, nor are properties that automatically transfer on death to a beneficiary via a lady bird deed.

Often the most time-intensive step of the Florida probate timeline is the consolidation of assets, which includes transferring assets to a probate account, selling property, and managing existing assets. Fewer assets leads to a quicker probate.

How Long Do You Have to File the Will?

You have to file the will within 10 days after a person dies.

Once the will is filed, you can file a petition to start the probate. If the person died without a will, then you can file the probate directly after the person’s death.

FAQs about Florida Probate