Here are the most important deadlines and timelines for Florida probate.
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 1st publication |
Pr. R. 5.241(c) |
Statement re: Creditors |
Must be filed within 4 months from date of 1st publication |
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
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 beneficiaries.
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.
Speak with a Florida probate lawyer to learn more.