Your Probate Timeline

YOUR PROBATE TIMELINE - WHAT TO EXPECT

File the Petition for Probate:
Submit a petition to the county court where the decedent lived, requesting to open probate and appoint a Personal Representative.
Locate & File the Will (if applicable):
If there’s a will, it must be filed with the court (usually within 10 days after death).
Hire a Probate Attorney (if required):
In Florida, hiring a probate attorney is often necessary unless the estate qualifies for a simplified process.

List and Sell the Property:
If the will grants authority, the Personal Representative can proceed to sell the property after appointment.
Court Approval (if needed):
If additional approval is required, a petition must be filed before listing or selling the home.
Heir Involvement:
If the home is inherited by heirs, they must typically agree on the sale unless the will specifies otherwise.

A COMPREHENSIVE OVERVIEW OF THE PROBATE PROCESS

WEEKS 1–4

FILE PETITION, LOCATE WILL, OPEN PROBATE

WEEKS 2–6

COURT APPOINTS PERSONAL REPRESENTATIVE

WEEKS 4–8

NOTIFY HEIRS AND CREDITORS

MONTHS 1–3

INVENTORY AND APPRAISE ASSETS

MONTHS 2–6

PAY DEBTS, TAXES, AND EXPENSES

MONTHS 3–9

SELL REAL ESTATE (IF NEEDED)

SALE OF REAL ESTATE: CAN OCCUR ONCE THE PERSONAL REPRESENTATIVE IS APPOINTED, BUT COURT APPROVAL MAY BE REQUIRED BASED ON THE CIRCUMSTANCES.

MONTHS 6–12

DISTRIBUTE ASSETS TO HEIRS AND BENEFICIARIES

MONTH 9–12+

CLOSE THE ESTATE AND COMPLETE PROBATE

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Have questions about any of these terms?

YOUR PROBATE TIMELINE - WHAT TO EXPECT