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Deadlines and Timelines in Florida Probate

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What are the deadlines and timelines in Florida Probate?

Key deadlines and timelines in Florida probate include:

For a downloadable version (pdf) of the probate deadline guide, click here for Florida Probate Deadlines and Timelines.

Tenant in Common Election
6 months from DOD
F.S. 723.401
Filing Original Will
10 days from knowledge of death
F.S. 732.901
To object to will, PR or Jurisdiction
20 days from Service of Formal Notice
3 months from service of NOA
Pr. R. 5.040(a); Pr. R. 5.200; Pr. R. 5.201; F.S. 733.212
F.S. 733.212(3); Pr. R. 5.240
Filing Inventory
60 days issuance of Letters
Pr. R. 5.340
Filing Petition for Exempt Property
4 months from service of NOA
40 days after termination of proceeding for will contest or will construction
F.S. 732.402; Pr. R. 5.406
F.S. 732.402
Filing Election for Elective Share
Earlier of 6 months from service of NOA; or 2 years from DOD
F.S. 732.2135
Filing for $18,000 Family Allowance
Any time during administration
F.S. 732.403; Pr. R. 5.407
Filing Election for Community Property
Within 3 months of service of NOA on surviving spouse;
F.S. 732.221; F.S. 732.333
Filing a Creditor Claim; or PR’s proof of claim
Later of 3 months after 1stpublication of NTC; or 30 days after service of NTC;
All claims barred after 2 years
F.S. 733.702 (extension only upon motion to extend); Pr. R. 5.490; Pr. R. 5.498
F.S. 733.710
To Object to a Claim
Later of 4 months after publication of NTC; or 30 days from timely filing of claim
F.S. 733.705 (extension by court only upon motion for good cause); Pr. R. 5.496 (Objection must be served within 10 days of filing)Pr. R. 5.499
To File independent action on claim or declaratory action
30 days from service of objection
F.S. 733.705(5) (PR Must agree in writing to an extension)
To file Proof of Publication
Must be filed with court within 45 days of 1stpublication
Pr. R. 5.241(c)
Statement re: Creditors
Must be filed within 4 months from date of 1stpublication
Pr. R. 5.241(d)
Affidavit of No FL Estate Tax Due
12 months from LOA (nontaxable)
Final Accounting
12 months from LOA
Pr. R. 5.400
Petition for Discharge
12 months from LOA
Pr. R. 5.400
Objection to Final Accounting and Petition for Discharge/ Interim Accounting
30 days from service of the Final Accounting, Petition for Discharge or Interim Accounting
Pr. R. 5.401
NOH on Objection to Final Accounting or Petition for Discharge
NOH must be served within 90 days of Objection or they are waived
Pr. R. 5.401

Terminology and Abbreviations

DOD = Date of Death

NOA – Notice of Administration.  (The Notice of Administration is a notice that the personal representative of the probate estate sends to interested persons in the estate administration, including the surviving spouse.  The Notice of Administration starts many important deadlines that beneficiaries and other claimants have to file pleadings in the probate court.)

NTC = Notice to Creditors.  (The personal representative of the probate estate publishes notice to creditors in the local newspaper.  Reasonably ascertainable creditors are also supposed to be sent a copy of the notice to creditors.)

LOA = Letters of Administration.  (The Florida probate court issues Letters of Administration to the Personal Representative.  These Letters provide the Personal Representative with authority to transact business with third parties, marshal assets, and open bank accounts.)

NOH = Notice of Hearing

PR = Personal Representative

Download Florida Probate Deadlines and Timelines.

How Long Can An Executor Keep An Estate Open?

1-3 years, generally.  The estate can remain open for a longer amount of time if there is litigation over the estate or between the beneficiairies.

The estate remains open until the estate is fully administered.  For an estate to be fully administered in Florida, all creditors and beneficiaries must have received the proper notices, decedent’s assets must have been marshalled and inventoried, and the personal representative must have accounted to the beneficiaries.  Any litigation must be resolved.  One the estate is ready to be distributed and no objections remain, the estate may be closed and the personal representative discharged.

Complete Guide to Florida Probate

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