How Long Does it Take to Probate a Will in Florida?
Full Question:
Answer:
When a person dies, their assets are distributed in the probate process. If a person dies with a valid will, an executor is named to handle the distribution of the estate. The court will issue testamentary letters to the executor, giving the authority to handle the affairs of the deceased. An inventory will be filed, creditors must be notified, and a hearing to probate the will will be scheduled. The answer will depend on the docketing schedule of the local probate court, as the business of each court varies by local area. I suggest calling the clerk of courts at the probate court in the county where the deceased resided to inquire about applicable timelines.
If the decedent has been dead for more than 2 years or the assets subject to probate are less than $75,000 then you qualify under the Florida Probate code for a summary probate process. This small estate administration is called Florida Summary Administration. Once the court enters an order of summary administration, the court order can be used to collect and distribute the money in a bank account or other assets of the decedent.
In other cases, where there are no assets that can be used to pay creditors and all the assets are exempt, or nonexempt assets will be used to pay final exprenses for funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness, or pass outside the probate process, administration can be dispensed with. A CD is often a transfer on death assets that passes outside the probate process when a beneficiary is named with the bank.