A little known fact about Florida probate law is that if more than 2 years have passed since the date of death, virtually all creditors claims are barred! Yes, barred – meaning, no can do.
Though there are rare ocassions where claims can be enforced, it is simply that … rare.
What does this mean to a probate petitioner?
1. A Notice to Creditors need not be published (saving anywhere from $100 to $300 on publication costs).
2. Summary Administration is generally available (short form probate).
3. No waiting 90 days for the creditor period to expire before assets are distributed.
Please don’t misunderstand. There are plenty of reasons to pursue probate even if it has been less than 2 years since the date of death, but the 2 year rule is always a welcome situation.
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How do you know if creditors have filed a claim, where do you go to look it up
Mary, Creditors only file claims when an estate has been opened in probate court. Once the estate is opened, claims are filed with the clerk of the court in the county where the probate has commenced.
How do I know if a will “directs administration”?
Lynn, sounds like you’ve got your hands on some probate forms. I hope you didn’t pay for them. Probate is not a simple “forms” practice.
Answer: A Will directs administration if it directly or indirectly disposes of the property that is the subject of the administration.
I sincerely hope you will reconsider trying to do this yourself. You will run into many pitfalls and will eventually find you need a lawyer.
I’ve started the process of taking my mom’s estate through probate-she’s been gone for 7 years. I’ve paid off her home which my family and I have lived in for 6yrs, but I want to get a home equity loan…how long does it generally take to complete the probate proces (from start to finish)? Thanks
@Lynette:
The process time depends on a variety of factors. First, as you might have already learned from reading our site, there are two types of probate: Formal Administration or Summary Administration.
“Formal admin” is the traditional, longer and more drawn out process. “Summary admin” is shorter and more relegated to smaller estates (although size and value of assets doesn’t necessarily mean your probate case is “smaller”)
Beyond that, the following factors can affect how long a probate proceeding lasts:
- Creditor claims
- Failure of beneficiaries to respond or cooperate with the proceeding
- Inaccuracies in preparing the pleadings and other paperwork
- The local customs and rules in each county probate court
- Ancillary litigation (will contests, creditor’s claims litigation)
If you’ve already hired an attorney, these are questions you really need to ask him or her.
Far be it from me to tell you how his or her office handles probate matters.
Best of luck!