Probate in Florida: The Time it Takes to Settle a Case

The length of time it takes to settle cases involving probate in Florida is contingent upon multiple factors but they generally take roughly 6 months to settle. Some cases may take more time than others, especially when lawsuits have been filed. To make matters less stressful for your beneficiaries, you should discuss all of your concerns now with an estate attorney in Fort Myers.

Typical Delays in Closing a Probate Case in Florida

In some probate cases, your personal representative might be tasked with: 
  • selling real estate before the probate case can be settled;
  • resolving a creditor's dispute; and/or
  • resolving a lawsuit challenging the will's validity. 
Any of the above circumstances could lengthen the probate administration process. Even a simple probate estate has at least an open 3-month period for creditors' claims. 

In the event the estate isn’t mandated to file a federal estate tax return, then the final documents to settle the estate will first be due within 1 year after Letters of Administration are issued to your personal representative to confirm that they have the authority to serve as a personal representative. However, this time period can be extended

If a federal estate tax return is required, then the return will be due 9 months after the decedent's death, but the deadline for filing the return can be extended 6 months. The documents to settle the probate administration will be due within 1 year from the time the tax return is owed. 

Help from an Estate Attorney in Fort Myers is Just a Phone Call Away

Fort Myers estate attorney Matthew A. Linde understands firsthand the importance of careful estate planning and the complexities of financial legal matters, such as probate, tax litigation and guardianship. For help with probate in Florida, contact our Fort Myers office to schedule a one-on-one meeting with a professional who can answer your questions – 239-939-7100 or 844-764-5492.
Matthew A. Linde
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