Can You Walk Me Through The Probate Process In Florida?
A typical summary of the probate process begins when someone is appointed to be in charge of the probate estate for the deceased person. That person collects money, pays bills and distributes the rest of the money to the proper beneficiaries.
Now I’ll break it all down into more detail.
The person under the will (or if there is no will, the person who is taking leave from the family) will need to ask the probate judge to use him or her as personal representative, often known in states outside of Florida as the executor of the estate of the deceased person. This is what I would refer to as the personal representative appointment phase. Sometimes it’s easy when all of the family members get along, and sometimes it’s difficult when there is a “do-it-yourself” will or beneficiaries who cannot be found and require a private investigator to locate the beneficiaries. That’s usually the first hurdle to get through.
Once the person is appointed as personal representative, we begin two additional phases that run side-by-side: a creditor handling phase and a collection of assets phase. The personal representative will need to give notice to all creditors and publish a notice in the paper to all creditors that the decedent has passed away and that they have three months within which to file a claim against the estate. At the same time, the personal representative goes around to all of the financial institutions holding the money of the deceased person and collects those accounts for ultimate distribution to creditors and beneficiaries. The personal representative has 60 days from the date of appointment as personal representative in Florida to create an inventory of all probate assets. Once all the assets are collected and notifications are properly made to creditors within that three-month period, we are ready to begin the beneficiary information and close-out phase.
The personal representative is required to give notice to the beneficiaries of the will, to provide the inventory, and to show how they manage the money, pay expenses and propose to pay out the remaining assets of the estate. If all of the beneficiaries get along or if all of the accounts are in one bank, then that phase can go very quickly. If there are multiple accounts, then it can be a long and drawn-out phase. After everyone agrees to the proper distribution of all assets, they file a receipt and waiver to close out the probate proceedings and the personal representative is done.
What is The Standard Timeline For A Probate Case?
There are five distinct phases in a probate case, each with varying timelines. If everything goes well in a probate case, everyone gets along and the personal representative knows what he or she is doing, then it typically takes between five and seven months to complete a probate case.
The personal representative appointment phase typically takes between two and six weeks from the date of a first appointment with the attorney.
After the personal representative’s appointment, we are looking at the two concurrent phases of the creditor handling phase and the collection of asset phase. The creditor handling phase typically takes between three and four months, and the collection of asset phase should take about the same amount of time if there is nothing too complex with the estate.
Only after the completion of the creditor phase can the final two phases- the beneficiary information phase and the close-out phase-occur. Depending on the level of financial organization and financial aptitude of a personal representative, the relationship between a personal representative and all the beneficiaries, and the relationship of all of the beneficiaries with each other, the final two phases could take anywhere from three weeks to three months if there are no objections from the beneficiaries about the personal representative’s financial management of the probate estate.
How Can An Attorney Expedite The Probate Process And Minimize Delays?
The attorney in a probate case bears the main responsibility of advising the personal representative throughout the process so that he or she does not get sued by any beneficiaries or creditors, how to handle each task promptly, and advise to prevent the personal representative from not being held personally liable for anything related to the administration of the estate. The attorney for the personal representative will coordinate and communicate the handling of the estate to the letter of Florida law, and they will communicate that to the beneficiaries.
A good probate attorney will try to mitigate any perceived unfairness ahead of time and work through any issues that a family may have. Ultimately, the attorney for the personal representative represents that personal representative and should not advise as to any distributions of the estate that could put them in trouble with the other beneficiaries or creditors.
For more information on Process of Probate In Florida, an initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (904) 398-6100 today.
Call Us Today
(904) 398-6100
