The Florida probate courts help oversee estate administration after people die. They ensure that personal representatives fulfill decedents’ responsibilities and carry out their estate planning instructions.
The probate process typically takes months to complete. They may begin shortly after a person passes. Surviving family members or those anticipating serving as personal representatives typically initiate probate proceedings by filing paperwork, including the will of the decedent, with the probate courts.
How long do personal representatives have to submit a will to the probate courts?
Prompt action is necessary
Although the probate process may take months to complete, surviving family members and other interested parties cannot wait months to begin the probate process. Instead, they typically need to make immediate efforts to locate a will and begin the probate process.
Personal representatives typically only have 10 days from the date of an individual’s passing to submit a will to probate courts and begin the probate process. Delays do sometimes occur, but surviving family members and those expecting to oversee estate administration should make every effort to comply with the standard timeline.
It may be necessary to go through a decedent’s house and financial records to locate their will. Even in cases where there is no will, those expecting to serve as personal representatives may need to inform the courts about the individual’s passing and the potential intestate status of the estate sooner rather than later.
Consulting with a probate lawyer can help people manage the various challenges of estate administration. A failure to take prompt action could lead to complications, including the replacement of an individual as the main candidate for personal representative.