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How Long Does the Probate Process Take in Florida?

The Florida probate process takes a different amount of time based upon the type of probate.  There are two types of probate in Florida: a formal probate administration and a summary probate administration. There is also a disposition without administration that is available in very limited circumstances.

The formal probate administration usually takes 6-9 months under most circumstances. This process includes appointing a personal representative (i.e., the "executor"), a 90 days creditor's period that must run, payment of creditor's claims and more. One important distinction on probate is that the personal representative, once appointed by the courts, has the ability to manage and sell the estate assets. This means that while the probate process can take a number of months, the estate assets can be sold and managed effectively.

The summary probate administration, usually reserve for small estates worth less than $75,000 that have no debt, can take less than a month under the right circumstances. 

If your loved one died with assets in their own, individual name, then they will likely need to seek an attorney to deal with the court process.

If you want to learn more about the Florida Probate process, please download our free book on Navigating the Florida Probate Process.

D. Rep DeLoach III
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Estate Planning and Board Certified Elder Law Attorney
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