How to Start Probate in Florida
In Florida, the probate process can take anywhere from one month to 18 months, depending on the facts of a specific case. There are multiple factors that determine the time frame of probate, including the size of the estate, the nature of the property, if a valid will was in place, and if there are creditor claims. The probate process can also be quite complex, and many people are unsure of where to even begin. Below, our Tampa probate lawyer explains how to start the process.
Filing the Will in Circuit Court
To initiate probate in Florida, state law requires that you file the will of the deceased within ten days of the death. The will must be filed in the Circuit Court in the county where the deceased lived. Although filing the will is a task that may be fairly easy to put off doing, especially during your time of grief, it is important that you do not. Failing to file the will by the deadline can result in negative consequences. Although it is not a crime, it can open you to litigation by anyone who suffered financial damages as a result of the delay.
In addition to the will, you must also submit a petition for administration, as well as an authenticated copy of the death certificate. These documents must be filed in the same county where the deceased lived. Filing fees and other administrative costs are due at the time of filing the petition. The amount varies depending on the type of administration you are seeking.
Starting Probate Without a Will
If the deceased passed away without a will, the estate is known as ‘intestate’. The probate process is slightly different in these cases. While there is no deadline involved with these cases, it is always recommended that you start probate as soon as possible. To do this, you must file a petition for probate in the Circuit Court where the deceased resided.
When there is not a will in place, the judge may designate a personal representative for the estate. The personal representative will administer the estate, respond to creditor claims, and inventory the assets of the decedent. Acting as a personal representative can be very stressful, particularly when you are dealing with feelings of grief. Still, it is important that probate is initiated right away, as it can help beneficiaries receive the property left to them in a more timely manner.
Our Probate Lawyer in Florida Can Help You Through the Process
Regardless of whether someone passed away with or without a will, Florida law requires you to work with a Florida probate lawyer in the majority of cases. Even when it is not required, having legal representation is always recommended. At Messina Law Group, P.A., our experienced attorney can advise on your case and guide you through the probate process so it is as easy and possible for you. Call us now at (813) 492-7798 or chat with us online to schedule a consultation and to learn more about how we can help with your case.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html
