How Long Do You Have to File Probate After Someone Dies?
March 27, 2025
Losing a loved one is always difficult, and dealing with legal matters afterward can make everything feel all the more overwhelming.
Help is here when you need it. Turning to Michael A. Siefert, P.A. in Ocala, Florida, for caring, informative guidance can help you along the way.
One of the most important tasks that needs attention is probate — the legal process that settles a deceased person's estate. If you're navigating this situation, you might be wondering how long you have to file with a probate attorney after someone's passing.
Time Limits for Filing Probate in Florida
In Florida, there isn’t a strict deadline for filing probate, but certain timeframes apply depending on the type of probate and other factors.
Here’s what you need to know:
Formal administration: This is the most common type of probate and is typically required for estates valued over $75,000. While there's no absolute deadline, it's best to file as soon as possible because delays can lead to complications.
Summary administration: This is an expedited process for smaller estates or cases where the deceased has been dead for more than two years. If the death occurred less than two years ago, any creditor claims must still be resolved before the estate can be distributed, according to the Florida Bar Association.
Creditor claims deadline: Creditors have up to two years from the date of death to file claims against an estate. However, once probate is opened, a notice to creditors is published, and they usually have only 90 days to file claims.
Homestead property considerations: If the deceased owned a homestead property, probate might be required to establish a clear title, which should be done promptly to avoid complications with selling or transferring the property.
Understanding these time limits is crucial for avoiding unnecessary delays and legal obstacles. In order to avoid missing these deadlines, it’s crucial to understand the factors that play into them. A knowledgeable probate attorney has the answers that can help you move forward with confidence.
Factors That Affect the Probate Timeline
Several factors influence how quickly probate should be filed and how long the process will take. These include:
Estate size and value: Larger estates with multiple assets take longer to settle than smaller ones. The more assets involved, the more time it takes to locate, inventory, appraise, and distribute them according to the will or state laws.
Type of probate: Formal administration takes longer than summary administration. Formal probate requires more court oversight, additional filings, and potentially multiple hearings, while summary administration is a faster process that bypasses many of these requirements.
Creditor involvement: If the estate has significant debts, resolving claims can slow things down. Creditors have the right to file claims within the probate process, and disputes over outstanding debts may require additional court intervention before the estate can be finalized.
Disputes among heirs or beneficiaries: If family members contest the will or argue over assets, probate can drag on for months or even years. Litigation over inheritance issues, such as claims of undue influence or lack of testamentary capacity, can result in lengthy delays and increased legal costs.
Missing or unclear documents: If the will is lost or poorly drafted, additional legal steps may be required. A missing or ambiguous will can lead to disputes over the deceased’s true intentions, requiring additional court involvement to resolve inheritance matters.
Number of beneficiaries: More beneficiaries can mean additional complications, especially if disagreements arise. Coordinating with multiple heirs can be challenging, especially if they’re located in different states or have conflicting interests regarding asset distribution.
Out-of-state assets: If the deceased owned property in multiple states, additional probate proceedings may be necessary. Ancillary probate might be required in each state where the deceased owned real estate, further lengthening the process and increasing costs.
Since these factors can cause significant delays, it's important to consider the risks of waiting too long to start probate. If you do miss important deadlines, there are a few consequences you may have to deal with.
What Happens If You Don’t File Probate on Time?
Failing to initiate probate within a reasonable timeframe can lead to a variety of legal and financial problems, including:
Loss of creditor protections: If probate isn't filed, creditors can continue to make claims against the estate for up to two years.
Property ownership complications: Without probate, heirs may have difficulty selling or transferring inherited assets.
Increased legal costs: Delays often lead to additional legal expenses and court involvement.
Potential estate mismanagement: If no one steps up to handle the estate, assets could be lost, misused, or subject to unnecessary taxes.
Disruptions to family relationships: Delays in probate can cause unnecessary tension and disputes among family members, leading to long-term conflicts.
To avoid these consequences, it's best to start probate as soon as possible with the help of a skilled probate attorney. They’ll make sure you stay on track so that the probate process can move forward smoothly. Prioritizing timeliness is the best way to hit all your probate goals.
When Should You Start the Probate Process?
While there's no strict deadline, it's wise to begin probate as soon as possible after a loved one passes. Taking prompt action helps:
Avoid unnecessary delays: The sooner you start, the sooner the estate can be settled.
Address creditor claims: Filing probate triggers the deadline for creditors to submit claims.
Distribute assets efficiently: Beneficiaries receive their inheritances sooner when probate is handled promptly.
Prevent family disputes: Quick action can help minimize disagreements over estate matters.
Maintain estate value: Delays in probate can lead to the depreciation of assets, particularly in cases involving real estate or investments.
Before starting probate, there are several preliminary steps that should be completed. A probate attorney can help outline what you need to do before filing.
Steps to Take Before Filing Probate
Before filing probate, it's helpful to gather key information and complete certain preliminary steps:
Obtain the death certificate: You’ll need multiple copies for legal and financial purposes.
Locate the will (if one exists): The original will should be filed with the probate court.
Identify the personal representative: The person named in the will (or appointed by the court) will handle probate proceedings.
Make a list of assets and debts: Knowing what’s in the estate helps determine the best probate process.
Consult a probate attorney: A probate attorney can guide you through the process and help avoid pitfalls.
Secure assets: If there are physical properties or financial accounts, steps should be taken to prevent unauthorized access or misuse.
Notify beneficiaries: Keeping beneficiaries informed helps set expectations and prevents future disputes.
Once these steps are completed, the actual probate process can begin. However, many people find the process overwhelming, which is where legal assistance can be beneficial.
Contact a Probate Attorney Today
Filing probate in Florida doesn’t have a strict deadline, but waiting too long can cause unnecessary legal and financial complications. Taking proactive steps with Michael A. Siefert, P.A. can make the process smoother. I serve clients in Ocala, Florida, and throughout Marion County. Call today to schedule a free consultation.