Deadlines and Timelines in Florida Probate

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.

TYPE OF FILING

DEADLINES

AUTHORITY

 

 

 

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

Or

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

Or

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

(nontaxable)

Pr. R. 5.400

Petition for Discharge

12 months from LOA

(nontaxable)

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.

Orange County (Orlando)

Philip W. Gunthert

Broward County (Ft. Lauderdale)

Natasha M. Dalton

Hillsborough County (Tampa)

R. Todd Burbine

Sarasota County

Dawn Bates-Buchanan

Lee County (Ft. Myers)

Scott Kuhn

Duval County (Jacksonville)

Long H. Duong

Complete Guide to Florida Probate

Opening the Probate Estate / Initial Steps
Payment of Creditors, Expenses And Beneficiaries
Florida Spousal and Family Rights
Closing the Probate Estate
Probate Litigation and Will Contests
Florida Probate Quick Guides

Complete Guide to Florida Probate

Opening the Probate Estate - Initial Steps
Payment of Creditors, Expenses And Beneficiaries
Florida Spousal and Family Rights