A different perspective on why probate takes so long.

Probate Lawyers in Lakeland Florida. We Provide experienced Probate Legal Services in Polk County, Central Florida and the entire State of Florida.

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July 25, 2024

"One of the most common questions we hear from new or prospective clients is "How long will the probate process take?" The answer is that there is no simple way to answer that. The wheels of justice turn slowly, and the court system is a government entity, so the process could never be characterized as "quick" or "easy." Anyone who has ever been to the DMV could attest that dealing with government offices takes time and there are a number of different reasons why things can seem to be stalled when they are in fact moving at a reasonable pace, given the amount of paperwork and people involved.

We tell our clients that in general a probate administration will last anywhere from 6 months to one year. This timeframe is a general window based on experience, but for about half of our clients, the length of their case is usually less than 6 months. The length of probate cases is determined by a number of factors, many of which are out of the control of both clients and lawyers. To further complicate matters, the length of a case can depend on when you choose to consider the "beginning" of a case.

After an initial consultation, some clients choose to shop around before deciding to hire us as their representation, and once they have chosen us they are sent a retainer to sign. This is the "beginning" of OUR process, but at this point, the actual probate process is still several steps away from actually beginning as far as the court is concerned. New clients are sent an intake packet to fill out and based on the information provided in that packet our team drafts the necessary documents to file a new probate case with the relevant County court. This can take up to a week or more from the receipt of the completed intake packet, as we also must order a copy of the death certificate if the client is unable to provide one for us, or await the receipt of original documents like wills. We have to wait for these documents to arrive before we can file a new case, and at this point of our process we are at the mercy of the U.S. Postal Service. Sometimes the mail is slow, and that can cause a delay in us even getting the case filed to get the process started.

Once we have all the necessary documents prepared and filed, the clerk of the court must then review and process all of these documents into their system and assign us a case number. This process varies from County to County, and ranges in time from the same day of filing to week or more and can even vary based on the time of year since the courts have busy periods and slow periods just like any business. Until we receive a case number, the case still hasn't actually "begun" since the judge assigned to the case hasn't issued any orders appointing a Personal Representative for the case.

Appointing the Personal Representative varies in difficulty from case to case based on many variables: testate vs. intestate, uncontested v. contested, etc. The number of heirs to an estate also affects the length of this step, since anyone who has an interest in the estate must either be given formal notice via certified mail or submit a waiver of notice to us to file with the court. Sometimes a client knows that an interested person exists, but doesn't have their current contact information, and that means we have to try and serve them by mail. If they decline to consent to the probate, or if they decline to receive notice, we must wait 20 days for them to file any kind of written objection with the court before we can move forward. This 20 day period applies to every person involved in the case and begins upon the date of delivery of notice. This can lengthen the process by months, and at this point probate still hasn't actually "begun."

Once all heirs have been served with notice or waived notice, we then submit a proposed Order Appointing Personal Representative, and at this point we have to wait for the judge to review and either sign the order or reject it. We have no way of predicting how long this will take. Judges, like everyone else, are people. Sometimes a judge is on vacation, sometimes they have a backlog of cases from weeks before, some judges work faster than others. At this point in the process, the only thing there is to do, for both the client and ourselves, is wait.

Finally, once the judge finally signs the Order Appointing Personal Representative and issues Letters of Administration, the probate process can officially "begin." This is the point where the actual business of administration can occur, such as handling debts, dealing with real estate sales, taking inventory of assets, etc. At this point, assuming the decedent passed away less than 2 years prior, Florida Law requires us to publish a Notice to Creditors in a newspaper or other publication in the appropriate County. Publications have different processing times and publication dates, so getting the notice into print is a varied process. Once the Notice is published, we must wait 90 days for any creditors of the estate to submit claims against the estate. Fortunately, or unfortunately, depending on the need for expediency, this 90 day window is mandated by law. The case can be concluded any time after the expiration of this 90 day period, but only once all other aspects of probate have been completely settled, which opens up a completely new set of variables.

Dealing with creditors' claims varies based on the claimant. Creditors must be served with copies of all petitions of the case by mail, and they vary in their response time. Even if the estate has ample cash assets to pay a creditor, once they are paid they must issue a Satisfaction letter, and the length of time it takes for them to do so, and for us to receive and file it, is totally up to the creditor and depends on their own internal policy. Banks are another potential delay since even when a Personal Representative is appointed, banks have their own sets of requirements for access and their own procedures for how to handle the affairs of a deceased customer. If the decedent had a safe deposit box, then that adds more time since the Personal Representative must obtain an order from the judge allowing them to access it. If real estate is a part of the estate, then we have to factor in the County records offices and if a sale is needed, the real estate agents, title companies, and buyers all have their own unique timelines and definitions of "reasonable length of time."

If you've read this far and are wondering "I wonder when this will end?" you have some idea how a client can feel when these delays keep stacking up and extending the length of the case. Probate is more than a legal proceeding: for many people it's a part of the grieving process. Some clients don't feel they can properly move on with their lives after losing a loved one until this process is finished, and we understand that, which is why we strive to make the process as transparent as possible. We maintain email and phone contact with all clients and are willing to answer any questions regarding the status of a probate case at any point in the process. We hope that reading this helps any new or prospective clients understand that sometimes when we say "we're waiting to hear back" or "it may take a few more days" it's not a baseless excuse or a delay tactic. Some things really are out of our control, but we never take our eyes off of a case. In those times when a client may ask "why is this taking so long?" we will always have an answer and a strategy to move the case along as fast as possible."

If you have questions about Probate issues, don’t wait—make sure your legal rights are protected. Call 863.250.2990 today to schedule your Free Consultation with our Probate attorneys.