Important Deadlines During Probate

Many people know that the probate process in Florida can take a great deal of time. There are many reasons for this, including court backlogs, the time it takes to inventory the assets in an estate, and disputes that need to be resolved. During probate, there are also certain important deadlines. If you are about to enter probate, or the process has already been initiated, it is critical to know what these deadlines are. Below, our New Port Richey probate lawyer explains them in greater detail.

The Ten-Day Rule

The first deadline to be aware of is the ten-day rule. After your loved one passes away, the person in possession of the will must file it with the probate court within ten days of the death, or when the person in possession of the will learns of the death. The ten-day period includes weekends and holidays. However, the ten-day rule does not apply to all estates. In fact, it only applies when a decedent left behind a will.

Court-Issued Letters of Administration

Personal representatives are named in wills and are responsible for administering an estate with the oversight of the court. First, though, the probate court must formally recognize the personal representative by issuing Letters of Administration. The personal representative should receive these one to four weeks after the will is submitted to the probate court.

Creditor Deadlines

The personal representative is responsible for notifying the creditors of the deceased. This is done directly or through a publication in a newspaper. Although the law does not outline a specific timeline for this task, the personal representative must provide prompt notice. Newspaper publications typically last for two weeks. After notice has been given, creditors have only 90 days to file a claim against the estate to recover unpaid debt.

Personal representatives must also provide creditors with proof of the death within three months of notice being given. After four months, the personal representative must then provide the court with a statement that they have investigated all creditor claims.

Objections to Accounting 

Personal representatives must also provide the court with a full accounting of the property within the estate, disbursements made, such as those to pay debt, receipts, and more. Anyone who has a legal interest in the estate then has 30 days to object to the accounting.

Distribution Receipts

Once all taxes, creditor claims, and other expenses have been paid from the estate, the personal representative will distribute remaining assets to the beneficiaries according to the intestacy laws or the wishes of the deceased. Once all assets are distributed, the personal representative must submit distribution receipts to the court. In most cases, this must occur within one year of the Letters of Administration being issued.

Our Probate Lawyer in New Port Richey Can Help You Through the Process

If you are currently a personal representative, our New Port Richey probate lawyer at Messina Law Group, P.A. can help. We will ensure you meet all important deadlines and make the process as easy as possible for you. Call us now at (813) 492-7798 or contact us online to schedule a consultation with our experienced attorney.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html