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Florida Probate Deadlines

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FLORIDA PROBATE DEADLINES

The following chart provides many of the Florida probate deadlines that creditors and beneficiaries should be aware of to protect their interests in a decedent’s estate.

Production of Original Will (i.e., file original will with the court)
  • custodian of the will must file within 10 days after receiving information testator is dead
Fla.Stat. 732.901(1)

Objection to Validity of Will, Qualification of Personal Representative,

Jurisdiction or Venue

  • if served with Formal Notice and Petition for Administration before issuance of Letters of Administration, then 20 days from date of service (read this article for more about this process: Death Probate and Due Process)
  • if served with Notice of Administration after issuance of letters of administration, then 3 months from date of service

Fla.Stat. 733.212, 733.2123

Fla.Prob.R. 5.040, 5.201, 5.240

Petition for Exempt Property
  • if no will contest, then 4 months from service of Notice of Administration
  • if will contest, then 40 days after the termination of the proceeding

Fla.Stat. 732.402

Fla.Prob.R. 5.406

Petition for $18,000 Family Allowance
  • any time during administration

Fla.Stat. 732.403, Fla.Prob.R. 5.407

Election to Take Elective Share
  • the earlier of 6 months from service of Notice of Administration or 2 years after the death
Fla.Stat. 732.2135
Homestead
  • petition to determine homestead may be filed any time during administration
  • a surviving spouse may elect to take 1/2 interest as a tenant in common in lieu of life estate within 6 months after the date of death; the election is irrevocable

Fla.Stat. 732.401

Fla.Prob.R. 5.405

Creditor Claims
  • if served with Notice to Creditors (required for all known or reasonably ascertainable creditors), then 30 days from date of service
  • if served by publication (unknown creditors), then 3 months from 1st publication date
  • whether served or not, all creditor claims are barred 2 years after the date of death (known as a statute of repose)

Fla.Stat. 733.2121, 733.702, 733.710

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