Florida probate deadlines are important because they can affect the validity of claims against the estate, the distribution of the assets, and the fees and penalties the estate may incur.
Here is what you need to know:
What is Probate?
Probate is the legal process of settling the affairs of a deceased person and transferring their assets to their heirs or beneficiaries.
Probate is typically necessary to:
- Prove the validity of a will
- Appoint a personal representative (also known as an executor or administrator) to manage the estate
- Identify and notify the creditors and beneficiaries of the estate
- Pay the debts and taxes of the estate
- Distribute the remaining assets of the estate according to the will
Probate can be a complex and time-consuming process, depending on the size and nature of the estate, the number and type of creditors and beneficiaries, and whether there are any disputes or challenges.
It is advisable to hire an experienced probate attorney to guide you through the process and ensure that you comply with all the legal requirements.
Florida Probate Deadlines You Will Need to Meet
The following are some of the most common deadlines that apply to probate cases in Florida. However, keep in mind that each case is different and may have additional or different deadlines depending on the circumstances.
- Filing a petition for administration:
This document initiates the probate process and requests the court to appoint a personal representative for the estate. The petition must be filed within 10 days after receiving notice of death or within 3 months after death, whichever is later.
- Filing a notice of administration:
This document notifies all interested parties (such as creditors, beneficiaries, and heirs) that a probate case has been opened and informs them of their rights and obligations. The notice must be served within 20 days after filing the petition for administration.
- Filing an inventory of the estate:
This document lists all the assets and liabilities of the estate as of the date of death. The personal representative must file the inventory within 60 days after being appointed.
- Filing a notice to creditors:
This document notifies all potential creditors of the estate that they have a limited time to file their claims. The notice must be published once a week for two consecutive weeks in a local newspaper and mailed to all known or reasonably ascertainable creditors within 30 days after filing the notice.
- Filing creditor claims:
Creditors can submit their claims against the estate for any debts owed by the deceased person within 3 months after the first publication of the notice to creditors or within 30 days after being served with a copy of the notice, whichever is later.
- Objecting to creditor claims:
Personal representatives or beneficiaries can challenge or dispute any creditor claims that they believe are invalid or excessive. Objections must be filed within 30 days after receiving a copy of the creditor claim.
- Filing an accounting of the estate:
This document shows how the personal representative has managed and distributed the assets and liabilities of the estate. It must be filed annually until the probate case is closed and at any time upon request by an interested party or by order of the court.
- Filing a petition for discharge:
This document requests the court to close the probate case and release the personal representative from their duties. It must be filed after all creditor claims have been paid or settled and all assets have been distributed.
Meeting Florida Probate Deadlines is Easy When You Work with Experts
As you can imagine, meeting Florida probate deadlines can be challenging and stressful, especially if you are grieving for your loved one or dealing with other personal or family issues. However, it can also be easy. All you need to do is let skilled and experienced Florida Probate Attorneys help you handle your case.
At Jurado & Associates, P.A., we are committed to providing you with personalized and compassionate service.
If you are facing a probate case in Florida, do not wait until it is too late. Contact us today and let us take care of everything for you. We will make sure that you meet all the Florida probate deadlines and that your probate process goes as smoothly as possible.To schedule an initial consultation, call us at (305) 921-0976, email us at [email protected], or send us a message through WhatsApp at +1 (305) 921-0976.