The time it takes to complete the probate process can vary significantly depending on various factors, making it challenging to provide a definitive timeline. On average, the probate process in Florida can take anywhere from six to 12 months to complete. Some cases even take up to two years or more to resolve. This can be a frustrating and uncertain time for those already dealing with the emotional aftermath of a loved one’s passing.
Probate is a court process that ensures a deceased person’s belongings reach the right beneficiaries. It follows the instructions laid out in a will or, if there is no will, state law. And while it is difficult to predict exactly how long probate will take in your specific case, understanding the factors that can affect the timeline can help you better prepare and make informed decisions.
Type of probate
Florida offers two types of probate: formal administration and summary administration. Summary administration is a simpler, faster procedure for smaller estates worth under $75,000. This process often wraps up within a few weeks to a couple of months. Formal administration, on the other hand, is needed for larger or more complex estates. It requires appointing a personal representative and usually lasts six months to a year, sometimes longer.
Size and complexity of the estate
Larger estates typically require more time to inventory, value and distribute. Expect a much longer process if they include hard-to-value assets such as business interests and real estate.
Presence of a will or trust
If your loved one left a valid will, administering their estate can be more straightforward. This can help avoid disputes, leading to a much faster probate. Without a will, the court will need to follow Florida’s intestacy laws to ensure the lawful transfer of assets. This results in a longer, more complex estate administration.
Court workload
If you are probating in a busy court, you can expect longer waiting times for available hearing schedules. A court’s workload can slow down the entire proceedings, adding weeks or even months to the overall timeline.
Beyond the timeline: What to expect after probate
The period after completing estate administration can bring a sense of closure and finality. If you have been acting as the estate’s personal representative, you will have fulfilled your duties. You may still have some loose ends to tie up, but with the probate process behind you, you can begin to focus on healing and moving forward.
Subscribe To This Blog’s Feed