{"id":2947,"date":"2024-04-03T11:05:00","date_gmt":"2024-04-03T15:05:00","guid":{"rendered":"https:\/\/jfrealestatelaw.com\/?p=2947"},"modified":"2024-04-15T11:15:16","modified_gmt":"2024-04-15T15:15:16","slug":"how-long-does-probate-take-in-florida-2","status":"publish","type":"post","link":"https:\/\/jfrealestatelaw.com\/how-long-does-probate-take-in-florida-2\/","title":{"rendered":"How Long Does Probate Take in Florida?\u00a0"},"content":{"rendered":"\n
Two-thirds<\/a> of Americans do not have a Last Will and Testament. When they pass on, they are legally said to die \u201cintestate\u201d. Dying intestate<\/a> may complicate the probate process, which can already take up to a few months for a Summary Administration<\/a> (the shortened form of probate in Florida) or over six months for a Formal Probate Administration<\/a>. If you are waiting for an estate to go through probate, the timeline can vary based the type of probate as well as the circumstances of the case.<\/p>\n\n\n\n Having a Last Will and Testament does not avoid probate<\/a> all together \u2013 it is the way in which assets are titled that determines whether they need to go through the probate process to be distributed to the beneficiaries of an estate. For example, assets held by two or more people as \u201cjoint tenants with rights of survivorship\u201d typically avoid probate because they are titled in such a matter so that the surviving individuals receive the deceased person\u2019s share of the asset without the need for probate.<\/p>\n\n\n\n After someone dies, their estate may have to undergo the probate process<\/a>. This is a court process where the Will is reviewed and approved by the probate judge, and an executor (i.e., personal representative) is appointed. Then, the executor can administer the estate\u2019s assets and distribute them to the beneficiaries. <\/p>\n\n\n\n An executor is normally named in the Will. If there isn\u2019t a Will, then an executor is appointed by the probate court based on the intestacy order of preference<\/a> set forth in the Florida statutes. This individual manages the deceased\u2019s assets and pays off the estate\u2019s liabilities. They are also in charge of distributing the assets to beneficiaries.\u00a0<\/p>\n\n\n\n To make sure everything is distributed according to the deceased\u2019s Will, a probate court will review the estate\u2019s assets and the facts of the probate case. Then, they will rule about how the assets should be divided and distributed. If there isn\u2019t a Will, it can complicate the probate process. <\/p>\n\n\n\n The Summary Probate Administration<\/a> process is often shorter than a Formal Administration because an executor is not appointed. A probate estate may qualify for Summary Administration if:<\/p>\n\n\n\n OR<\/p>\n\n\n\n 2) The value of the deceased\u2019s entire estate subject to probate administration is $75,000 or less. Homestead property (i.e., your primary residence) is considered exempt so it can be of any value and so long as the rest of the deceased\u2019s assets that have to go through probate do not exceed $75,000, the estate can qualify for Summary Administration.<\/p>\n\n\n\n In Florida, the probate process is covered by Chapters 731 through 735<\/a> of the Florida Statutes and the Florida Probate Rules<\/a>. The exact timeline depends on the type of probate. In Florida, the probate process is typically handled through a Formal Probate Administration or a Summary Probate Administration. Typically, you can expect the probate process to take the following amount of time:<\/p>\n\n\n\n Normally, formal probate administration will take up to twelve months to complete. This process begins when an executor is appointed. Then, there is typically a 90-day period for creditors to come forward to get paid. <\/p>\n\n\n\n Once an executor is appointed by the probate court, they can sell and manage the estate\u2019s assets. Real estate may be sold prior to the probate estate being closed out, either via court approval or a \u201cpower of sale\u201d clause in the deceased\u2019s Will. After the creditor period is complete, the executor can officially start the process to close out the estate and distribute the estate\u2019s assets to the heirs. <\/p>\n\n\n\n Summary Administration is intended for smaller and more straightforward estates. To qualify, the estate assets must be $75,000 or less, or the deceased must have passed over two years prior to the start of probate proceedings. Under the right circumstances, Summary Probate Administration can take as little as a month to complete. Often times, it takes a little longer, but in the majority of cases, it does not take longer than 4 months to complete (especially if there are no creditor issues to resolve). <\/p>\n\n\n\n After the Petition for Summary Administration<\/a> is submitted to the probate court, other documents and affidavits must be filed with the court. Once all the required pleadings are submitted and reviewed by the probate court, the judge will enter an Order of Summary Administration. This Order is used to distribute the assets of the estate to the deceased\u2019s beneficiaries.\u00a0 \u00a0<\/p>\n\n\n\n If someone dies without a Will, their estate is treated differently. Florida courts will give your spouse 100% of the estate\u2019s assets (or 50% if you or your spouse had children from a prior relationship). If you or your spouse did not have children from another relationship, then your spouse receives 100% of the assets. If you or your spouse have children from another relationship, your spouse gets 50% of the assets and your children receive equal parts of the remaining 50%. <\/p>\n\n\n\n With non-married individuals, the estate goes to your children. If one child has passed, then their share is given to their children. When there are no children, the estate is given to your parents. If you don\u2019t have surviving parents, your siblings or their children receive the estate.<\/p>\n\n\n\n Florida will continue working through your descendants if you don\u2019t have siblings or children. In order, the estate will pass to your grandparents, aunts and uncles, and then to nieces and nephews. If you don\u2019t have any family at all, the estate will go to your last deceased spouse\u2019s family. When you have absolutely no heirs to receive your assets, the assets may end up in the hands of the State of Florida. <\/p>\n\n\n\n The Probate Process <\/p>\n\n\n\n After filing for probate, the estate will go through several different steps. These steps can take different amounts of time based on the circumstances of the case. For a Summary Administration, the process is quicker because an executor is not appointed and the Notice to Creditor period often does not need to be undertaken.<\/p>\n\n\n\n For a Formal Administration, the following steps are often involved:<\/p>\n\n\n\n How Farshchian Law Can Help<\/p>\n\n\n\n No matter the type of probate proceeding, Farshchian Law\u2019s probate and real estate attorneys have the dedication and expertise to see the probate process through to the end. If you need help navigating the probate process in Florida, reach out to us today.<\/p>\n\n\n\n For a free consultation and to learn more about our Florida probate and real estate services, call us at (800) 604-1871<\/a>, or email us via our secure online contact form<\/a>. We provide real estate, probate, and title\/closing services throughout the State of Florida. <\/p>\n","protected":false},"excerpt":{"rendered":" Two-thirds of Americans do not have a Last Will and Testament. When they pass on, they are legally said to die \u201cintestate\u201d. Dying intestate may complicate the probate process, which…<\/p>\n","protected":false},"author":11,"featured_media":2948,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[20],"tags":[],"acf":[],"yoast_head":"\nWhat Is Probate? <\/h2>\n\n\n\n
1) The deceased passed away two or more years prior to start of probate proceedings;<\/p>\n\n\n\nHow Long Does Probate Take in Florida? <\/h3>\n\n\n\n
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Formal Probate Administration<\/h3>\n\n\n\n
Summary Probate Administration <\/h3>\n\n\n\n
What Happens If There Is No Will? <\/h3>\n\n\n\n
\n