How long does it usually take for a probate matter to be resolved?

How much time does the probate process usually take?

The duration of a probate administration depends on various factors. Summary Administrations, also known as expedited probate processes, can be completed within weeks to months. However, for a Formal Probate, the administration takes significantly longer. Generally, these processes take between six months and one year.

Uncontested probates can be resolved in less than four months depending on the judge’s availability. Contested probates can take anywhere from six months to several years.

In the state of Florida, the duration of the complete probate process is determined by (1) court-mandated time limits and notification periods, (2) the specific kind of probate being conducted, and (3) the intricacy of the estate. Regrettably, there is no standard or typical timeframe for probate. It can range from as short as half a year to enduring several years.

Your will is probated in the County Court and State Court in which you resided at the time of your death. If you own any property in a different state, you may need to initiate another probate proceeding in that specific state and county.

Estates that are not mandated to submit a federal estate tax return and are not engaged in legal disputes can generally be concluded within a timeframe of five to six months. In cases where a federal estate tax return is required, the probate process must continue for a period of two years. Nonetheless, certain distributions may be made to the heirs and beneficiaries shortly after the probate process begins.

For estates not required to file a federal estate tax return, the final accounting and documents to conclude the probate administration are expected within 12 months of issuance of letters of administration. This duration can be extended, following notification to interested persons. The federal estate tax return is initially expected nine months after death and can be extended for an additional six months, making it a total of 15 months. If a federal estate tax return is necessary, the final accounting and documents to conclude the probate administration are anticipated within 12 months from the date the tax return is due. Typically, the court extends this date because the IRS often takes longer to review and accept the estate tax return. Estates that are not obligated to file a federal estate tax return and do not involve legal disputes frequently wrap up within five or six months.