Probate Can Generally Take One of the Following Timeframes in Florida:
1. Three months or less for simple estates;
2. One year or more for a standard formal administration; and,
3. Two or more years for a complicated and/or litigated estate.
What is a Simple Estate?
A simple estate usually qualifies for Summary Administration. It can take a few weeks to as long as several months to complete. In order for an estate to qualify for Summary Administration, the value of the estate must be less than $75,000.00, and there must be no unpaid creditors, unless the decedent has been dead for more than two years. If the decedent has been deceased for more than two years, then creditors are barred from filing any claims against the estate. This doesn’t mean that every estate that qualifies for Summary Administration should be administered as Summary Administration. Sometimes, the estate should proceed as Formal Administration. The main reason is because in a Summary Administration, a Personal Representative is not appointed, so there is no one to handle any creditor claims, tax authorities, or complex probate issues.
If the estate does not qualify for Summary Administration, but it is fairly simple, the probate can still take about six months to complete. However, this will take place in Formal Administration. More on this below.
What is a Standard Formal Administration?
Estates that are valued greater than $75,000.00 or the decedent has been dead less than two years require that the estate be probated under Formal Administration. These estates usually take about a year or so to complete. And this is assuming that the estate isn’t complicated and doesn’t involve any litigation whatsoever. Once the Personal Representative gets appointed, he or she is responsible for administering the estate, settling all creditor claims, paying all taxes and expenses, and ultimately distributing the remaining estate’s assets to the beneficiaries.
What is Considered a Complex Estate?
Below are some of the most common reasons that make the administration of an estate complex.
- The beneficiaries cannot be found or are uncooperative
- The original Will (not a photocopy) cannot be found
- There is pending litigation about whether to admit the Will to Probate
- There is pending litigation regarding who should be the Personal Representative
- There is pending litigation regarding creditor claims
- The estate is a plaintiff or defendant in a separate lawsuit
- The estate’s assets cannot easily be located and/or collected
- The estate needs to file a separate lawsuit to collect assets
- Federal income tax issues (this can take more than two years)
- Pending litigation over accounting
- Pending litigation regarding the contents of the Will
If the estate has any of the above-mentioned issues, the administration of the estate can take up to two years or more to complete.
What if I Need More Information About Probate?
If you are interested in a speaking with a Probate Attorney, kindly call our office anytime (24/7) at 813-897-0295, and schedule your consultation to speak with a local Probate Attorney.
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