A very common question I get from clients is "How long does probate take?" 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 prior to 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 I can assist you with any
probate questions please feel free to call me at (904)366-2703 or email me at firstname.lastname@example.org
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