Some estates in Florida do not have to go through the formal probate process. Instead, they can go through a simplified process called summary administration. If an estate qualifies, you might wonder how long the process will take. The answer will depend on your specific circumstances, but generally speaking, summary administration takes about three to six months (or longer in certain cases).

Facts of the Case

Each probate case has its own facts, including the nature of the estate, beneficiaries, and more. In addition, each probate court might have its own specific procedures, which might cause the process to go faster or run longer. Our experienced Florida probate attorney can review the facts of your case and advise you on how long you can expect the process to take. 

Some factors that can extend the process include:

• The personal representative of the estate needs to sell property before the estate can be fully settled. The length of the case then depends on the market at the time and in your region.
• Creditors have made false claims against the estate.  Each claim will need to be addressed, possibly disputed and of course resolved before moving forward with the case. 
• Someone decides to dispute a will or prenuptial agreement that governs the estate distribution. Then, the petitioner will need to defend the documents, and the court will need to decide whether the documents are valid or not.
• The estate involves a pending personal injury or wrongful death claim. This case should be settled before the summary administration can be completed. 

Even if you do not have any of the above complications arise, the summary administration process for a simple estate will usually take at least three months and often, up to six months. Just be prepared that if complications exist, the process can be longer. 

Legal Representation for Summary Administration

Many people think that because summary administration is a simplified process, there is no reason to speak with a probate attorney. However, as mentioned, many things can go wrong and become unnecessarily complicated during the summary administration process. You might not know the best way to handle each unique situation to minimize the time and expense of the summary administration process – an attorney can help you. 

An attorney can help you in many ways during this process, including:

• Determining whether the estate should go through summary administration or formal administration
• Filing the necessary paperwork
• Helping to resolve final creditor bills and tax returns
• Addressing complex situations that arise in an efficient manner

Most individuals do not have a thorough understanding of Florida probate and estate laws, so each obstacle can seem like a major hurdle. It is best to have an experienced lawyer handling the process. 

Contact our Delray Beach Probate Attorney for More Information

At the Legacy Law Firm, our Florida probate attorneys regularly assist petitioners for summary administration and personal representatives with formal administration.  Let us help you with the probate process. 954-999-9683. or contact us online to learn more about our legal services today.