How Long Does Florida Give You to File Probate After Death?

Florida gives you 10 days to file probate after the death of your loved one. You must file a deceased person’s will for probate in the county where they died, and this deadline applies regardless of the estate’s holdings. If you are the estate executor, you probably want to know how long you could wait before filing. However, this complex process may go more smoothly with the help of an experienced probate attorney. Learn more about probate court and when it is time to hire a legal professional.

Process for Filing Probate

Florida’s probate process includes several steps, and the court will start by granting letters of administration that acknowledge the estate executor. The executor then publishes a notice to creditors and files an inventory of the deceased’s assets with the court. After the 90-day creditor notice expires, the executor could start closing the estate.

What If There Isn’t a Will?

There is no deadline in Florida to file for probate when the deceased did not leave a will. However, our experienced attorneys recommend you start the process right away to ensure a smooth transition. By doing so, you could also hope to avoid legal disputes among heirs and prevent incurring expenses that reduce the estate’s value.

Is There a Penalty for Missing the 10-Day Window?

Florida’s probate court does not assess any penalties if you miss the 10-day deadline. However, it is important that you file promptly. We understand how difficult it may be to think about probate court after a loved one dies, as this could be an emotionally draining and time-consuming experience.

That is why we want you to turn to our compassionate legal team for guidance, and to ensure you do not miss any important deadlines. For example, if you disagree with the will, you get just 20 days from the date you were served with a Formal Notice to file your objection.

Can I Close an Estate Quickly?

Each probate case in Florida is different, and so is the length of time it takes to close an estate. The primary factor in determining how quickly you could close depends on its complexity. However, a simple estate could close in as little as 30 days, while more intricate cases could take months, if not years.

Call Us to Discuss How Long Florida Will Give You to File Probate After Death

The compassionate attorneys at The Florida Probate & Family Law Firm are here for you during this difficult time. When you schedule a free case evaluation, we offer personal attention as you navigate the complex legal situation ahead of you, so you can complete this important job in a reasonable timeframe.