How long does probate last?

I am asked this question on  daily basis in my probate practice. While there is a not a clear answer, we can give you an approximation. The Florida Bar states: “It depends on the facts of each situation; some probate administrations take longer than others. For example, the personal representative may need to sell real estate before settling the probate estate, or to resolve a disputed claim filed by a creditor or a lawsuit filed to challenge the validity of the will. Any of these circumstances, if present, would tend to lengthen the process of administration. Even the simplest of probate estates must be open for at least the three-month creditor claim period; it is reasonable to expect that a simple probate estate will take about five or six months to properly handle.

If the estate does not have to file a federal estate tax return, the final accounting and other documents necessary to close the probate estate are first due within 12 months after the court issues Letters of Administration to the personal representative. This period can be extended if necessary.

If the estate is required to file a federal estate tax return, the return is initially due nine months after the date of the decedent’s death; however, the time for filing the return can be extended for another six months. If a federal estate tax return is required, the final accounting and other documents to close the probate administration are due within 12 months from the date the estate tax return, as extended, is due. This date can also be extended if necessary.” If we can assist you with your probate questions please feel free to call us at (904)366-2703 or email us at knaugle@jaxlawteam.com

By |2017-09-06T09:47:38+00:00September 6th, 2017|Law Articles|

About the Author:

Katherine Naugle
Katherine Schnauss Naugle, P.L. is an experienced attorney who is actively involved with both her clients and her community. She specializes in estate planning, guardianship, wills, probate and elder law. You can connect with Katherine on Facebook and Twitter.