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Important Deadlines in Probate Administration

Your spouse, relative or family member has died. Their will needs to be probated. What do you need to know, and what do you need to do? You probably need to speak to an attorney to probate the estate. There are a few circumstances where the person had hardly anything and you do not have to file formal administration or a summary administration. 

If there is only personal property in the estate, then you may be able to do a disposition without administration. That is explained in Florida Statute 735.301. If there is personal property that is exempt under Florida Statute 732.402, you should be able to do this. Under this provision, you can file an affidavit with the clerk of court and ask the court to sign an order. 

If the value of the entire estate subject to administration in the state of Florida, less the value of property exempt from claims of creditors, does not exceed $75,000.00 or that decedent has been dead for more than 2 years, you should be able to file summary administration. That is discussed in Florida Statute 735.201. 

If the estate value is over the above-mentioned amounts, then you will need to do formal administration. Formal Administration is governed by Florida Statute 733.212. 

If you must file a formal administration, there are many Probate Administration deadlines to be aware of. From the date of death of the decedent, you must produce the will within ten days. You can read about this in Florida Statute 732.901. You will need to talk with a CPA to see if you are required to file an Estate tax return. 

There are also deadlines from the date of issuance of letters of administration. You must serve the Notice of Administration promptly after the court issues the Letters of Administration. That can be found in Florida Statutes 733.212. You must file an inventory sixty days after the Letters of Administration. This is found in Florida Statute 733.604. You need to file and serve final accounting and petition for discharge and close estate within twelve months. 

These are only a few deadlines. If you meet with an attorney regarding the probate of your relative’s estate, there will be many deadlines. The attorney will explain these deadlines to you, and they will explain the procedure of probating the case. 

If you have more questions regarding a Probate Administration Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney client privilege.