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Florida Probate Deadlines

Written by on Aug 23, 2019| Posted in: General

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 court)
  • custodian of 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 termination of 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 death
Fla.Stat. 732.2135
  • petition to determine homestead may be filed any time during administration
  • surviving spouse may elect to take 1/2 interest as tenant in common in lieu of life estate within 6 months after date of death; 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 date of death (known as a statute of repose)

Fla.Stat. 733.2121, 733.702, 733.710

Fla.Prob.R. 5.490

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