WHY PROBATE CAN TAKE MONTHS – OR LONGER – IN FLORIDA

Probate in Florida involves strict court timelines, legal requirements and often takes longer than a family initially anticipates. The desired length of time for Summary
Administration (where the probate assets are less than $75,000.00) is typically 3-6 months.  A Formal Administration (where the assets to be probated are more than
$75,000.00) will usually take 6-12 months, but it is not unusual to see it stretch to 18-24 months when there are complications.  Be wary of promises for quicker timeframes, as these are often unrealistic.  The length of time that Probate Administration requires varies, based on the unique circumstances of each Estate.

Delays in the Probate Process are varied but can include missing paperwork, missing or uncooperative heirs, Will contests, Court delays, unresolved creditor claims, difficulties with banking institutions, family disputes over asset distribution, real estate issues and the complexity of the assets.

It can also depend on the county in which the Probate has been filed.  Busier counties (i.e. Orange County, Miami-Dade and Broward Counties), often experience longer processing times for each pleading filed due to the higher caseloads.  Some counties still do not utilize the e-Filing Portal and insist on mailings, which causes additional delays in the processing of documents.  In some counties there have been budget constraints which have led to reduced staffing, resulting in additional delays in document processing.  Another consideration is that each Judge, in each county, has their own procedures and may have varying requirements for probate cases that differ one from the other. 

Uncontested probate administrations can be relatively smooth, but Florida’s Statutory requirements make certain timeframes unavoidable.   For example, if the decedents date of death was less than two years ago, there is a mandatory 3-month Creditor Period during which a creditor can file a Statement of Claim against the Estate.  Most counties and Judges insist that the Creditor Period ends prior to obtaining the Order Determining Homestead Status, which is often the last pleading filed in a simple Estate Administration.  

A family can speed up the Probate process by responding quickly to their attorney; providing required information and have open communication with the other heirs about what is happening.

The policy at Anderson and Associates, P.A., regarding Probate, is that when pleadings are drafted, each client has a chance to review the pleading for accuracy, revision and/or comment prior to finalization and filing with the Court.  In addition, when a pleading is filed with the Court, our clients get a copy of that pleading on the same day. At Anderson and Associates, P.A., our aim is to be completely transparent with the client and keep them well-informed every step of the way.  When you are a client of Anderson and Associates, P.A., you will have no reason to be calling, wondering what is happening with the Estate, because you’ve heard nothing or received nothing from our office. Anderson and Associates, P.A. also remains very reachable throughout the entire process, and we attempt to answer a client’s phone call within the same day of the call, or at most, the very next day. 

Probate Administration is not always fast, but it doesn't have to be a nightmare. The very best strategy to enable an Estate Administration to run smoothly after a death, is good Estate Planning prior to the loss of your loved one.  Clients who have a valid Will and/or Trust may not even have to go through a Probate at all.   When a Probate is required and there is a valid Will, it is clear to everyone, including the Court, what the wishes of the decedent were and assures that the distribution of assets will be done as they wished it to happen.   Having clear Estate Planning documents makes the process much smoother and easier for all involved.