How Long is a Florida Probate?

The short answer to the question is, it depends. Florida probate rules require a probate to be completed within one year. However, under the right circumstances, a probate case can be completed well within a year. In cases taking more than a year, the time to complete it can easily be extended by a simple court order signed by a judge. 

So, what are some of the circumstances to be considered in projecting the time needed to complete a probate? 

Firstly, the date of death. If death occurred within two years, a more protracted probate may be necessary, which could add another 3 to 6 months to the process. If death occurred beyond two years, Florida law provides a more streamlined probate process, which could be successfully administered within 1 to 3 months. 

Secondly, was the deceased a resident of Florida or another state? If so, and a probate was administered in that, Florida probate rules require that some of those probate documents be filed in Florida. Obtaining those documents from that state could add an additional month to probate in Florida. 

The nature of the probate estate assets could add additional time to the probate process. 

For example, if there is anticipated the sale of real estate, considerate time could be added to the probate administration. Since such a sale typically requires a court order, it could take up to a month to secure the order. Moreover, how long it takes to get a buyer adds an unknown amount of time to the probate process. If there are liquid assets, such as bank accounts or brokerage accounts, it will take time to close those accounts, which can add an unknown amount of time to the probate process.  

The amount of debt of the deceased can add time to the probate process. As creditors are typically entitled to payment from the deceased’s estate, it is in the best interest of the probate estate to negotiate with the creditors to reduce the amounts owed. The more creditors, the more negotiations. The more negotiations, the more time. 

Finally, the experience of the lawyer administering the probate can add the largest unknown amount of time, which is why it is so important to choose your lawyer. You should always interview your prospective probate attorney. Though clients can be apprehensive to interview their prospective lawyer, do not. Ask them how many probate cases they have handled. Have they handled cases like yours? Will they handle your case, or will it be handed over to their paralegal? Go through this even if the prospective lawyer was referred to you by a friend, family member, or another professional. And be careful of reviews on the internet. Often, reviews are not actual reviews, but rather a friend or colleague doing a favor.  

 As an experienced lawyer, I welcome these questions. I do not shy away from interviews. For a lot of my clients, it is their first experience with a lawyer, and I want to assure them we are the right firm to help them.