{"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

What Is Probate? <\/h2>\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


1) The deceased passed away two or more years prior to start of probate proceedings;<\/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

How Long Does Probate Take in Florida? <\/h3>\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