Probate Options and Timelines in Florida

In Florida, the duration of the probate process varies significantly based on the estate's size and complexity, ranging from one month to 18 months or more. For very small estates, where the assets are less than the final expenses, you may opt for a “Disposition Without Administration.” This streamlined process only requires filing a form with the probate court.

When dealing with a deceased individual who resided in Florida or owned property there, the time required to resolve their financial and legal matters can vary widely based on the estate’s complexity. The critical first step is to file the will with the county probate court within 10 days of the decedent's death. This initiates the probate process.

During this challenging time, meeting deadlines and handling administrative tasks can be tough, but Florida law does allow some flexibility in deadlines throughout the probate process.

Types of Probate in Florida

In Florida, there are two main probate procedures: Formal Administration and Summary Administration.

• Formal Administration is the most common and lengthy process, requiring court supervision and taking a minimum of six months, with an average of 18 months. Complex estates can take even longer.
• Summary Administration is a faster process, usually completed within one to two months. It requires the estate to be valued under $75,000 with no debts or, if the estate is over two years old, under $75,000 regardless of debt.

Another limited option is Disposition Without Administration, applicable when the estate’s assets are less than the final expenses and involves only filing a form with the probate court.

Starting Formal Administration in Florida

In most cases, a licensed attorney must administer the estate, with reasonable attorney fees outlined by Florida probate law.

To start formal administration, file the original will and initiate probate within 10 days of the death in the county where the decedent lived or owned property. The personal representative, usually a family member, must notify all parties named in the will and potential heirs.

The probate court will issue letters of administration to the personal representative within 1-4 weeks if no objections arise.

Notifying Creditors

Once probate begins, creditors must be notified that the decedent has passed away and that an estate is being probated. The personal representative must also publish a notice in a local newspaper for two consecutive weeks. This notice should be published within 30 days, and proof of publication must be submitted to the court.

Creditors have three months from the notice’s publication date to file claims, while those not notified can claim against the estate for up to two years from the death date. The personal representative must compile and file a list of all creditors with the court.

Final Steps for Probate in Florida

1. Inventory Assets: File an inventory of estate assets and their values with the court and provide this information to beneficiaries.
2. Proof of Death: Submit formal proof of death to the court within three months of the notice to creditors.
3. Verify Creditors: File a verified statement with the court within four months of the notice to creditors, confirming diligent efforts to locate all creditors.
4. Pay Debts: Manage, sell estate assets, pay estate taxes, and prepare a final accounting of the estate within six months of probate initiation.
5. Distribute Assets: Distribute the remaining assets to beneficiaries according to the will or state inheritance laws, usually within one year.
6. Close the Estate: To officially close the estate, ensure all notices are given, all assets are accounted for, a final accounting is provided, and any disputes are resolved.
7. Final Claims: No further claims can be made against the estate after two years from the date of death.

While the probate process can be tedious, there is light at the end of the tunnel for those who have outlined their wishes. If you have a trust or will in Florida, your executor needs only to follow your wishes for a smooth probate process. If you don't have these documents in place, an executor will be appointed, and it may not be who you would choose. They will have to weed through assets and debts and make decisions that you may not agree with as well as handle any disputes that may arise between heirs.

Now is the time to get your documents in order. Give us a call when you're ready!