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Deadlines and Timelines in Florida Probate

Written by Jeffrey Skatoff • August 27th, 2014

Probate Litigation,  Probate Administration,  

The probate lawyers of Clark Skatoff PA have created a handy guide that sets forth the relevant deadlines and timelines in Florida probate.  For a downloadable version of the probate deadline guide, click here.

FLORIDA PROBATE 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 1st publication 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

Please call the lawyers of Clark Skatoff PA to discuss a Florida probate matter, at (561) 842-4868.