The time from to open and close a Florida probate estate depends on the type of administration – and of course upon the attorney. If the attorney is not experienced in Florida probate or does not concentrate in this field, expect the probate to take much longer and cost more.
A. Summary Administration: The Fast Track
The fastest Florida probate procedure is Summary Administration, but it may only be used if (a) the value of the decedent’s entire estate subject to administration in this state, exclusive of exempt property, does not exceed $75,000; or (b) the decedent has been dead for more than two years, regardless of the size of the estate. F.S. 735.201(2). For more information about Summary Administration, see our Florida Probate Quick Reference Guide
Time Frame for Florida Probate Summary Administration: Usually 1-4 months for simple, uncontested administrations.
B. Formal Administration. This administration must be used if the decedent’s estate does not qualify for summary administration: the decedent’s estate exceeds $75,000, or the decedent has been dead for less than two years, or the will requires formal administration. Strategically, if the decedent had all assets in a trust, formal administration may be advisable to clearly cut off creditor claims. For more information about Formal Administration, see our Florida Probate Quick Reference Guide.
Time Frame for Florida Formal Administration: A simple, uncontested formal administration can be a minimum of 4-5 months. More complex estates range from 6 months to 1 year. If a 706 is required, additional time may be required to close out all issues with the IRS.
Conclusion
Loss of a loved one is a difficult time for family and friends. We have helped guide many families through these times. Our attorneys will help you from the start to the end of the probate process. The first step is to schedule a meeting by calling (305) 556-5209 or email to info@raricklaw.com. We will provide you with a check list of tasks and documents, as well as a helpful “Mini-Master Information Form” to identify and organize all the assets. We will discuss attorney fees and how you can help to minimize such fees. We will endeavor to open and close the probate as expeditiously as possible.
Rarick, Beskin & Garcia Vega has been entrusted by over 400 law firms and many families during the past 18 years to probate small to complex estates and administer trusts. After the loss of a loved one, we endeavor to help you close the estate or trust in the most expeditious way.