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9 Critical Deadlines for Florida Probate

By: Phil Rarick, Miramar Probate Attorney

In our office we have numerous checklists, but one of the most important is the following checklist of nine critical deadlines for Florida probate actions:

  1. Deposit Original Will with court: Within 10 days of notice of death by whomever has custody of the Will. F.S. 732.901.
  2. Challenging Validity of Will or Personal Representative: Beneficiary has 90 days from receipt of Notice of Administration. F.S. 733.212(3).
  3. Filing Probate Inventory: 60 days after issuance of Letters of Administration. Fla. Prob. R. 5.340.
  4. Creditor Deadline For Filing Claim Against Estate: On or before the later of the date of three months after the first date of publication or thirty days after service of Notice Of Creditors for known creditors. F.S. 733.702(1).  If the date of death is more than 2 years, no publication or service of the Notice Of Creditors is required and all claims are barred.
  5. Personal Representative Deadline for Objecting to a Claim: Within the later of four months from first publication of the notice of creditors or 30 days from the timely filing of a claim or amendment of a claim. F.S. 733.705(2). If the PR fails to object within this time period, the claim is deemed allowed.
  6. Statute Of Limitations For Claims Against Estates: Two years from date of death, with some exceptions.  F.S. 733.710.
  7. Surviving Spouse Homestead Election: 6 months from decedent’s death to opt out of life estate in homestead and take 50% interest.
  8. Elective Share of Decedent Spouse: As early as 6 months from the date of service of a Notice of Administration on the surviving spouse, or 2 years after decedent’s death if no notice provided. F.S. 732.201-732.2155.
  9. Determination of Exempt Property: 4 months after the date of service of a Notice of Administration or 40 days after the date of termination of any proceeding involving the construction, admission to probate, or validity of the will or involving any other matter affecting any part of exempt property. F.S. 732.402(6).

For more information contact Phil Rarick, Miramar probate attorney, with Rarick & Beskin, P.A. at (305) 556-5209 or info@raricklaw.com.

Special Note

The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced Miramar probate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

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