Probate is the legal process by which you distribute assets and pay any debts a deceased person (“decedent”) owed in life. This process is rarely at the top of anyone’s mind after losing a loved one, so many wonder, How long does probate take in Florida?
The duration of the process can vary significantly depending on several factors, particularly the estate’s complexity, the estate plan’s thoroughness, and whether disputes arise during the probate process.
Probate involves precise steps that need careful management to comply with Florida law. Hiring an experienced Orlando probate attorney, like those at BrewerLong, can help you avoid costly mistakes, minimize delays, and resolve conflicts swiftly.
By working with us, you gain a trusted partner who understands the nuances of Florida probate and business law.
The Florida Probate Timeline
While the length can vary, the Florida probate timeline usually involves:
- Opening the estate. Someone entitled to part of the estate under state law or the decedent’s will notifies the probate court about the decedent’s death to open the estate.
- Appointment of personal representative. An interested person requests a court appointment as executor, if designated in the decedent’s will, or administrator, if not designated or if there is no will.
- Identification of interested parties. The representative must identify legal heirs and other interested parties.
- Notification period. The representative must notify creditors and other interested parties that they are administering the estate.
- Asset inventory and valuation. The representative identifies, inventories, and appraises the estate’s assets.
- Paying debt and taxes. The representative satisfies legitimate debts and pays final taxes out of estate funds.
- Distributing assets. The representative distributes the remaining estate assets to the beneficiaries based on the will or, if no will exists, Florida’s intestate succession laws.
- Closing the estate. The representative provides final details to the court, receives a payment, and closes the estate.
The probate process can often be completed in 6 to 12 months. However, many circumstances can drag out the timeline, causing the process to last several years.
Factors That Lengthen the Florida Probate Timeline
Some primary considerations that can affect how lengthy probate is in Florida include:
- Estate size. Larger estates that include various assets tend to take longer to probate.
- Asset complexity. Property like real estate, stocks, or business interests can be complicated to appraise and just as complicated to distribute to beneficiaries.
- Debts. If the decedent had significant debt, satisfying it becomes more complex.
- Estate organization. A decedent who does not detail their assets and debts can significantly lengthen the process, particularly at the inventory stage.
- Disputes and litigation. Disagreements among beneficiaries about the process, the validity of the will, or who gets what can result in litigation.
Often, administering an estate requires balancing interests between creditors and beneficiaries, subjective and objective asset value, and different beneficiaries.
Special Considerations for Business Owners
Business owners face unique challenges during probate, particularly since business interests often require more active management than other assets.
Whether an estate involves a family business, shares in a corporation, a partnership, or another type of entity, a smooth transfer of ownership is crucial to ensure you avoid potential interruptions to business operations.
To protect assets and business operations during probate, business owners should consider establishing a succession plan as part of their estate plan. A well-structured plan, such as a buy-sell agreement, can allow the business to continue running smoothly during the probate process.
Summary Administration
In Florida, certain estates qualify for a streamlined, summary administration process. You may administer an estate using summary administration if it:
- Has a total value of $75,000 or less, excluding homestead property;
- Does not have debts greater than the value of the estate; and
- The decedent either left no will or did not require administration in their will.
Alternatively, you may use summary administration if the decedent has been deceased for two years or longer when you begin administration.
Making Probate Smoother and Faster
To minimize probate delays and business interruptions, consider the following:
- Create a clear, comprehensive estate plan;
- Designate someone reliable, organized, and capable of handling complex financial matters as executor;
- Maintain thorough records of assets, liabilities, and tax obligations; and
- Provide your executor access to all relevant estate documents, including your will, financial records, and legal or business documents.
Creating a comprehensive estate plan means considering what should pass through probate and what should bypass it. Estate plans often involve a combination of wills, trusts, and beneficiary designations in life insurance or retirement plans.
How BrewerLong Can Help
Navigating the Florida probate process takes work, especially if you have a large estate or own business assets. BrewerLong is here to help you understand the Florida probate timeline and provide guidance through each step of the process. Our team of experienced probate attorneys can guide you through administering the estate as efficiently as possible, including assisting with each step of the process.
Resources:
Florida Statutes § 731.201, link
Florida Statutes § 731.303, link.
Florida Statutes § 732.102, link.
Florida Statutes § 732.103, link.
Florida Statutes § 733.602, link.
Florida Statutes § 735.201, link.
Florida Statutes § 735.203, link.
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