Probate is the process where authority is
provided to administer an estate. If the property needs to be transferred after a
person's death, then probate may be necessary. Probate may be informal with
minimal court hearings required. If there are contested issues or complex
elements associated with the estate, then formal probate with court hearings a judicial oversight
may be necessary.
Probate may be required when there is a will
involved. If the deceased person died without a will, then probate may still be
necessary to allow for the administration of the estate.
With probate, there are important deadlines
that you must consider. Failure to comply with these deadlines can create
issues. Following is information about Florida probate deadlines.
1. Depositing a will with the court
The person who has custody of a deceased
person's will must deposit the original will with the court within 10 days of
notice of death.
2. Challenging a will
If a person wishes to challenge the validity
of a will or the appointment of a personal representative, then they must do so
within 90 days of receiving notice.
3. Estate inventory
Within 60 days of appointment as a personal
representative or administrator, an inventory of the estate assets must be
filed.
4. Creditor claims
Persons and entities who have claims against
the deceased person or the estate must file their claim within 3 months of
publication or within 30 days if they have received a notice. If the publication
does not occur or if notice is not provided to the creditor, then a creditor
has 2 years to make a claim against the estate.
5. Challenging a creditor claim
If the personal representative receives a
claim from a creditor, then the personal representative has 30 days to
challenge it. Failure to object to the claim results in the claim being
allowed.
6. Surviving spouse claims
If a deceased person was married at the time
of death and owned a home, then the surviving spouse has 6 months to either
take a life estate in the property or take a 50% interest in the property. In
addition, a surviving spouse has 6 months to accept the elective share of a decedent spouse.
7. Exempt property
Some estate property may be exempt from the collection efforts of creditors. The law specifies which property may be exempt
and the amount of the applicable exemption. If an exemption is claimed, it must
be made within 4 months of notice of administration.
Probate can be complex and there are numerous
laws to consider. Probate also requires compliance with certain procedures. To
ensure that probate is pursued correctly, you should consult with an attorney
who specializes in Florida probate litigation. A lawyer can help
answer the questions you may have about the estate. An attorney can also help
you prepare the necessary documents to begin and complete the process.
Final Words
An attorney can be especially helpful if there
are issues with the estate or if persons are challenging the will or other
aspects. By working with an attorney you will help ensure that everything is
done correctly. For assistance with probate and for answers to your estate
questions, contact us to learn how we can help.
