• 05
  • March
    2011

Probate is the process used by courts to identify the assets of a deceased individual, pay off any existing debts, and distribute any remaining assets to the beneficiaries. The assets will initially be used to pay for the cost of the probate proceeding. Assets are then used to pay any debts, and any remaining assets are distributed to the deceased's beneficiaries.

Florida law uses two types of probate administration: formal and summary. Formal administration is the most common type of probate used in Florida court proceedings. Non-court supervised administration proceedings are known as "Disposition of Personal Property Without Administration," and these occur only in limited circumstances.

Who is involved in the process?

Several legal professionals will be involved in the probate process. The Circuit Court Judge, the executor of the deceased's will, and attorneys all play integral roles in the probate process. The Internal Revenue Service will be involved in the process if the deceased owes any taxes to the federal government, including estate or income tax. Healthcare providers and credit card companies will also become involved in the probate proceedings if the deceased has any outstanding debts with those businesses.

How long does probate typically take?

Probate proceedings take at least three months, as a probate estate must remain open to give creditors time to make a claim. However, even a simple probate estate is expected to take an average of six months to be completed. The process often takes longer depending on the complexity of the probate estate.

For example, if a federal tax return is required then a tax return is typically due within nine months and the documents required to close the probate administration must be filed within 12 months after the date of the tax return. Even if a federal tax return is not required for an estate, the final accounting documents are due within 12 months after the probate court issues Letters of Administration to the personal representative.

Source: The Florida Bar, "Probate in Florida"