Are you someone who is in search of the answers related to probation duration in Florida? Do you wish to know how long it usually takes for probate? If that is the case, then you have found you’re coming to the right article.
In this article, we will be discussing all the laws and regularly in Florida regarding probate. So without further ado, let us dive right into it.
What is probate in Florida?
If you are amongst the many people who do not know what probate in Florida is, you have absolutely nothing to worry about.
In simple terms, probate in Florida is a legal process through which the legal party, which is the court administers the provision of a decedent’s final testament.
It is important to keep in mind that probate is not required in cases where the assets are directly transferred to a designated individual following the passing of the decedent.
In addition to that, it also must be noted that determining which case to file depends heavily on the amount and value of the property as well as the decedent’s date of death.
Understanding law in Florida
Knowing about the probation period in Florida is not an easy thing, and there are several reasons behind it.
You may not be aware, but in every state, there are different sets of laws that depend on secondary factors, such as whether or not the creditor has been informed and filed a claim.
In many states such as Mississippi, the laws usually give a creditor of any kind at least a 90 day period during which the creditor can file their claim, but this is not the case in Florida. In Florida, the duration or time period under which all claims can be filed is only three months which is comparatively low compared to other states.
Initiating a claim
You may be asking yourself, if there is only three months time window, how can the case proceed? Well, the answer to that is also quite an interesting one.
When dealing with probate-related cases, it is important to keep in check other important factors such as real estate matters, estate tax returns, and much more.
The reason why you might want to take these into consideration is that depending on your case; you may be able to receive a longer time frame to complete the requirements.
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Steps involved
If you are someone who is in search of the initial and necessary steps to file a probate case in Florida, then here is the list.
The first and initial step to filing a probate case is to tile the original will with the court to reassure them that you are a person of interest after the death of the decedent. After you are done, then you should file a petition for administration and present the order of original will given directly by the decedent before their date of death.
After some time, the court will decide and issue letters of administration, after which an issuance will be notified to the creditor.
After you have gone through the consolidation of assets, you can then pay any pending taxes, and if not, then directly move towards final accounting, which is the distribution of assets to beneficiaries. The case finally ends here.
Cost of probate in Florida
By far, one of the most important questions of all that many people wonder about is the cost of probation in Florida. There are many individuals out there who wish to know the exact cost of probate before starting the overall process, as it could help them understand where they are taking their case and how big or small their process is.
In Florida, the highest cost of probate cases comes from attorneys fees, but this does not mean that there are no other factors that involve money. Other costs should be taken into consideration, such as publication costs, filing fees, and even accounting fees.
If you wish to file a probate case in Florida, you would need to hire an attorney as the law itself suggests individuals work with an attorney as it could increase their chances of success and rapid disclosure.
Issuance of probate after death
Many people out there who live in Florida do not know that the will with the court should be filed exactly ten days after the death of the decedent. The reason why you should do it as early as possible is so that the court can put your case to the top and so you can easily file a petition to start the probate petition.
Without it, you will be left on the waiting list until three months are over, and so the chances of you earning the decedent’s will and assets may be lost. If, for some reason, the person died without formally writing a will, then what you could do is skip the filing of a will with the court and directly file the probate soon after they have passed away.
Furthermore, some people opt for the option of Florida summary administration as it is a relatively quick and easy process. The entire summary process usually takes around 6 to 9 months but holds many benefits for a person with a probate case.
Benefits to summary administration
By far, one of the most important benefits that many people consider useful is the cost, as it is relatively cheaper than filing through other processes. Not just that, despite the overall process being easy, it is also quicker than formal probate.
Many people find it helpful that with the help of summary administration, they can easily cover states where the only asset in question was the family home. Last but not least, the overall process of understanding the legal steps with Florida summary administration for probate cases is easier.
This makes it easy for individuals to file a case without having to involve an attorney and pay the high fees before as well as during the court process. If you wish to know more about it, then you can read its terms in the summary probate rules and procedures in chapter 735 of Florida Law.
The takeaway
So hopefully, now you have the answer to the questions of how long probate cases take in Florida, as well as get an insight into the steps involved, the cost, and other easier options.
