If a loved one has passed away, you may want to consult with a Probate attorney to determine whether a Probate is needed. While there is no certain deadline to start a Probate, it is best to meet with an attorney as soon as possible. The longer the delay, and if a beneficiary passes away in the meantime, it can cause further delay.

There are two main types of Probates in the state of Florida. The most common is a Formal Administration, and the other one is a Summary Administration. Summary Administration is much quicker than Formal Administration, but not every estate will qualify for Summary Administration. To file a Summary Administration, the decedent must have been dead for two or more years, or the assets of the estate, less exempt properties, must be less than $75,000. Summary Administration requires a lot of information up front as well because the interested person is petitioning the court, and then an order is entered directing the distribution of assets. The case is then closed. Oftentimes, people don’t have all the information up front, so we are required to do a Formal Administration.

Formal Administration usually takes in excess of six months to one year from start to finish. The executor, or personal representative, once appointed, takes control of all the deceased person’s assets, notifies all the creditors of the deceased person, and keeps all the other interested people in the estate in the loop by filing inventories and accountings with the court. After all creditors have been paid, assets distributed, taxes paid or returns filed, the estate can start to close down.

There are many important deadlines associated with Probate, so be sure to consult with an experienced Probate attorney about your case. Our attorneys have done Probates all over the state of Florida, not just Manatee County. You can call our office at 941-748-0550 to schedule a consultation.

Disclaimer: This blog post is general guidance and should not be substituted for legal advice. This blog post does not create an attorney-client relationship.