Probate the legal procedure for settling a decedent’s estate, can be a confusing and emotional process for a family coping with the loss of a loved one. The process involves multiple steps, including locating beneficiaries, paying outstanding debts, filing any required taxes, and distributing all assets in compliance with Florida law.
How long does probate take in Florida?
Generally, relatively simple probates can be completed within a few months, but most probates take longer. That’s because, as any experienced probate attorney will tell you, the time the process takes varies based on numerous factors, such as the size and complexity of the estate and how long the person has been deceased, among other things.
This blog, from a probate attorney in Coral Springs serving clients in South Florida and throughout the rest of the state, explains the key factors that affect the timeline of the probate process.
Factors Affecting Timeline of Probate
All probates in Florida are overseen by judges in the Probate Court. In some cases, judges remain minimally involved, while in others they require numerous hearings.
Here are some of the factors that affect the length of a probate process:
1. Ease of Locating All Beneficiaries
When someone leaves all their assets to close relatives like a spouse and/or grown children, locating the beneficiary is fast and easy. But many people leave assets to distant relatives or friends they may have lost touch with in the years since they drafted their will, who must be found before the process can move forward.
In other cases, a named beneficiary already passed away, necessitating a probate of their estate to also be opened.
Complicating matters greatly is when an intended person isn’t clearly identified in the will. Our firm has seen bequests to “my nurse Clara” or “my old friend Mary Jones.” (This is one reason people should enlist a skilled attorney to draft their will, rather than doing it on their own.) Figuring out who the intended person may be, let alone finding them, can be a time-consuming process.
(To learn more, read our blog about common mistakes in wills.)
2. The Existence and Possession of a Valid Will
If the decedent left a legally valid will, the probate process can generally proceed quickly because the court can immediately identify the heirs. If there is no will (known as the person dying intestate), Florida law determines who inherits the estate. This can be fast if there’s a close relative like a spouse or adult child, but if not and the estate will be going to a distant relative who must be located and brought up to speed, the process can slow.
(To learn more, read our blog What You Need to Know About Florida Intestacy Law)
Often, we see relatives who are certain the person had created a valid will, but they cannot find it. The hunt for the will–or getting the court to certify a copy if only the original is lost–can take a lot of time.
3. Size and Complexity of the Estate
An estate involving multiple properties, business interests, or hard-to-value assets like artwork or collectibles typically requires additional time compared with estates where everything is in a bank or brokerage account.
The size of the estate also matters, because small estates can be fast-tracked through a process known as a summary administration. (See below for details.)
4. Handling of Creditors
Florida law requires the estate to notify creditors and give them up to 90 days to file their claims. If disputes arise and claims need to be challenged, this may prolong the process.
5. Court Schedules
Especially in cases where the Probate Judge asks for hearings at multiple points in the process, the availability of the judge’s calendar can cause delays. Crowded court dockets in Miami and some other counties create backlogs that slow the process.
Having an experienced probate lawyer on your team helps to minimize these delays because we know each county’s submission procedures and work hard to ensure our submitted documents are accurate and complete.
6. Beneficiary Disputes
Disputes among heirs or by people excluded from the will can affect the speed of a probate proceeding. In cases where someone files litigation, the process can drag on for months or even years.
Types of Probate in Florida and Their Timelines
Florida allows for four main types of probate administration. Each type has different requirements that can impact the timeline.
1. Formal Administration
Formal administration is the common type of probate for Florida estates valued at more than $75,000 and within two years of the person’s death. Formal administration involves numerous, discrete steps, from getting the court to appoint the personal representative who administers the estate to notifying creditors and resolving debts or taxes the estate may owe.
Timeline:
Formal administration generally takes six months or longer to complete. Factors that affect this timeline include difficulty locating assets, disputes among beneficiaries, or having numerous creditor claims.
2. Summary Administration
Summary administration is a faster and less complex alternative to formal probate, but this can only be done for estates valued at $75,000 or less (excluding exempt assets like life insurance) or in cases where the decedent has been gone for more than two years. In some cases, experienced probate attorneys may advise clients to wait the two years before opening the Florida probate in order to speed the process.
Timeline:
Summary administration can often be completed in two to three months, assuming all documentation is in order and there are no complicating factors.
3. Ancillary Administration
This probate type applies when someone who is not a Florida resident dies while owning property or assets in the state, such as a snowbird with a second home in Florida. The main probate is opened in their state of residence, while the ancillary administration oversees the sale and distribution of the Florida assets only.
Timeline:
The timeline for this generally depends on the probate process in the decedent’s home state, which varies widely, but the Florida portion can often be done quickly.
4. Disposition Without Administration
This is the simplest form of probate, used in rare cases for very small estates where the value of the assets is below the costs incurred for final medical or funeral expenses. The probate is opened only so the estate can pay these bills.
Timeline:
This process can often be completed in a few weeks to a month.
(To learn more, read our blog Is Probate Required in Florida? An Experienced Florida Probate Attorney Answers)
How the Law Office of Gary M. Landau, P.A. Can Help
Handling probate properly can feel like an overwhelming task during a difficult time. The Law Office of Gary M. Landau, P.A., a boutique law firm in Coral Springs, Florida, has over 25 years of experience with the Florida probate process.
1. Informed Guidance on Probate Types
Whether your case involves formal administration, summary administration, ancillary administration, or disposition without administration, we determine the most suitable probate process for your situation to save you time and money.
2. Efficient Handling of Required Documents
Our legal team works closely with the personal representative to file all petitions, notices, and supporting documents promptly and correctly, reducing the risk of delays.
3. Support with Emotional Sensitivity
Longtime, experienced attorney Gary Landau and his team understand that probate is both a legally and emotionally taxing process, coming as it does at the end of a loved-one’s life. Our firm prides itself on our compassion as well as our expertise.
4. Serving Clients Across Florida
Whether the probate needs to be filed in Coral Springs, Parkland, or elsewhere in Florida (depending on where the deceased person lived), our law firm handles probate statewide–in fact, we have filed probates in nearly every county in Florida. Because we happily meet with clients via Zoom or phone as well as in-person, we can easily assist out-of-state family members managing Florida probate estates.
5. Free Consultation and Personalized Service
We offer complimentary consultations to discuss your unique probate needs. Lead probate lawyer Gary Landau personally returns all calls to him and gives each client the individualized attention everyone deserves.
Contact the Law Office of Gary M. Landau, P.A., Your Florida Probate Lawyer
While some probate cases conclude more quickly than others, the actions you take can make a significant difference in the timeline of this often complex process. Our knowledgeable legal guidance helps you expedite the process and reduce your stress. Well-versed in the probate process, the Law Office of Gary M. Landau, P.A. offers courteous and ethical service geared to the specific needs of every client.
Have you been searching online for “estate lawyers near me”?
With more than 25 years of experience in our practice areas and countless satisfied clients, Gary M. Landau and his team are uniquely positioned to help you with your probate and real estate needs in Coral Springs, Parkland, and throughout Florida. Whether you’re ready to probate a loved one’s estate or to write your own will, or if you are purchasing a home, have inherited a home, or want a closing agent to handle title insurance and all documents for your closing or refinancing, the LAW OFFICE OF GARY M. LANDAU, P.A. is ready to work with you.
Call our office at (954) 979-6566 or complete our online form today to schedule a free consultation. We work with our clients in person, over the phone, or on Zoom.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction.
LAW OFFICE OF GARY M. LANDAU, P.A.
7401 Wiles Road, Suite 204
Coral Springs, FL 33067
(954) 979-6566
https://www.garylandau.com/