How Long Does Probate Take—and What Can Delay It?
When a loved one passes away, the process of transferring their assets often involves the legal system, specifically probate. Probate is the court-supervised procedure for validating a will, appointing a personal representative, and distributing the estate. In Florida, timelines can vary depending on the estate’s structure, disputes among beneficiaries, or tax-related obligations. At Aventus Law Group, we assist individuals and families in Central Florida with managing probate matters in a clear and efficient manner.
How long does probate take? In Florida, a straightforward case may conclude in six to nine months. However, delays are common when there are creditor claims, required tax filings, or real property to address. Estates that must file IRS Form 706 for estate tax purposes often take longer due to review timelines.
Formal vs. Summary Administration
Florida offers two primary types of probate: formal administration and summary administration. Summary administration is available for estates valued under $75,000 (excluding the homestead) or if the decedent has been deceased for over two years. This process usually takes two to four months when uncontested.
Formal administration is required for larger estates and those with creditors, out-of-state beneficiaries, or tax issues. It typically takes six to twelve months but may extend longer if complications arise. This process begins with a petition in probate court and includes notice to beneficiaries and creditors, inventory filings, debt resolution, tax compliance, and final court approval.
Our probate attorney can help determine which type of administration is best suited to your circumstances. At Aventus Law Group, we provide supportive guidance for both processes, ensuring your loved one’s estate is handled respectfully and efficiently.
What Causes Delays in Probate?
Even when an estate appears straightforward, several common issues can prolong the probate process. Missing documents, lack of communication among parties, or poor organization can cause significant delays. If the decedent’s records are incomplete or no valid will exists, the process can stall early on.
Another factor is creditor claims. Florida law requires creditors to be notified and gives them up to 90 days to file claims. These claims must be reviewed and either paid or disputed, which can add time to the process. If disagreements arise, resolving them through the court system may take months.
Disputes among beneficiaries can also be a significant obstacle. When parties contest the distribution of assets or the validity of a will, litigation may ensue. Having an experienced probate lawyer in Florida to manage communication and ensure court procedures are followed can make all the difference.
Ways to Make Probate More Efficient
There are practical steps that can help expedite the probate process. Organizing documents such as account statements, deeds, and tax records ahead of time reduces delays. Appointing a qualified personal representative who can act quickly and communicate effectively also helps.
Working with a legal team early in the process improves efficiency and reduces the risk of missed deadlines. At our firm, we assist with court filings, creditor notice requirements, and fiduciary duties to keep the process on track. You can explore these services in more detail by visiting our practice areas page.
At Aventus Law Group, we also bring financial precision to probate matters. Because our attorneys are also CPAs, we handle fiduciary accounting and tax reporting internally, helping avoid unnecessary delays or complications.
IRS Requirements and Estate Tax Review
High-value estates exceeding the federal exemption threshold are required to file IRS Form 706. This tax return must be filed within nine months of the date of death, though an extension is available. The IRS may take an additional six to twelve months to review the return.
With our probate lawyer in Central Florida overseeing both the legal process and financial reporting, we help minimize delays and reduce the risk of penalties. The court may delay closing the estate until confirmation from the IRS is received, which is why proactive management during this stage is crucial.
Preserving Your Wishes With Clarity and Care
Legal matters involving probate can feel overwhelming, especially when financial concerns and family responsibilities overlap. At Aventus Law Group, we assist clients through the probate process with diligence and respect.
We represent fiduciaries, beneficiaries, and surviving spouses throughout Florida, offering detailed guidance on both court procedures and estate tax issues. Whether you are dealing with a high-value estate or a modest administration, our team provides the strategic support needed to stay compliant and minimize delays.
Trusted guidance from an estate attorney in Florida starts with a direct conversation. Contact our team today to move forward with clarity and confidence.
