Losing a loved one is an emotionally challenging experience. While death is a universal life event, navigating its aftermath is never easy. Some people may be able to process their grief and handle legal matters quickly. Others need more time to cope with their loss.
Regardless of how you’re dealing with the passing, it’s important to understand the appropriate timeframe for starting probate. If you’re a personal representative, here’s what you should know about starting probate for your loved one in Florida.
Timeline for starting probate
Florida law doesn’t impose a strict deadline for beginning the probate process. However, it’s generally a good idea to start as soon as reasonably possible after the death.
While there’s no specified time limit for filing the will with the court, delaying probate can lead to various complications:
- Asset management becomes more challenging
- Transferring ownership grows increasingly complex
- Family disputes over the estate may arise
- Creditors might make claims against the estate
As a representative, acting as soon as possible has several benefits. If you have possession of the will or know its location, file it with the court clerk in the county where your loved one lived. This action initiates probate and helps protect both the estate and its beneficiaries.
The importance of timely action
Florida law doesn’t impose a strict deadline for beginning the probate process. However, it’s generally a good idea to start as soon as reasonably possible after the death. Ideally, you should aim to initiate probate within the first few months following your loved one’s passing. You typically have up to two years from the date of death to file the will with the court.
Follow Florida laws
Keep in mind that delaying beyond this period can significantly complicate the process. It may even result in the loss of certain rights related to the estate. If you find yourself serving as a personal representative, consider seeking a legal professional.
An experienced probate attorney can guide you through filing and managing the entire probate process, from inventorying assets to distributing inheritance. They can also provide legal knowledge when it comes to navigating complex estate issues.