Full question:
my mother died last june 2009. She left her estate to 7 children. She died in New Hampshire, held securities in the state of ma. How long should it take for the will to settle?
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: Florida
Answer:
When a person dies, their assets are distributed through the probate process. If there is a valid will, an executor is appointed to manage the estate. The court issues testamentary letters to the executor, granting them authority to handle the deceased's affairs. An inventory of assets must be filed, creditors notified, and a hearing scheduled to probate the will.
The timeline for settling a will can vary based on the local probate court's schedule. It's advisable to contact the clerk of courts at the probate court in the county where the deceased lived for specific timelines.
If the decedent has been deceased for more than two years, or if the probate assets are less than $75,000, the estate may qualify for a summary probate process under the Florida Probate Code. This process allows for quicker administration of small estates. Once the court orders summary administration, the order can be used to collect and distribute the decedent's assets.
In cases where there are no assets to pay creditors, or all assets are exempt, administration may not be necessary. Some assets, like a certificate of deposit (CD) with a named beneficiary, can pass outside of probate.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.