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How Long is the Estate Administration Process After Someone Dies?

May 14, 2021 by in Blog

After someone passes away, that individual’s Last Will and Testament is typically filed with the probate court to initiate the estate administration process.  The amount of time it can take to administer an estate really depends on each situation and type of case.  In some situations, probate administration can be complex and should be discussed with a Melbourne probate attorney. In some cases, estate administration turns into contested litigation.  An experienced Melbourne probate attorney at Lacey Lyons Rezanka can help with your estate administration case.  Below are three situations that could lengthen the process of a probate case. 

Situation #1: Sale of Real Estate

Some estate cases may have one or more real estate properties that need to be sold.  Selling property can take several months, or even longer depending on the type of property.  For example, an expensive, unique property that does not appeal to many buyers may take much longer to sell and close on than a common home that appeals to many buyers.  If your estate case involves real estate, an experienced Melbourne probate attorney can help advise you on how to sell real estate that is part of an estate case. 

Situation #2: Resolving a Creditor Dispute

Another situation that can pop up when administering an estate is resolving a creditor dispute. When an estate case is opened, typically creditors must file a claim against the estate within a certain time frame. Some creditors may file a claim late or may file a claim that is disputed in amount.  A dispute such as this can cause delays in the final administration of the estate. If a creditor has filed a claim in your estate administration case that is disputed, an experienced Melbourne probate attorney can help with your case to resolve the disputed issue.   

Even the simplest of estates must be open for at least three months, which is the creditor claim period.  For a simple estate, it is reasonable to expect that the estate could be open for at least five or six months to properly handle the administration. 

Situation #3: Lawsuit Contesting the Validity of the Will

In some estate cases, the validity of the Will may be contested.  In this situation, there may be a lawsuit filed to contest the Will.  This situation could cause an estate’s administration process to be delayed by months, if not years.  If you find that your estate administration case has become contested, you will want to contact an experienced Melbourne probate attorney who can advise you as to the next steps and can help you navigate through the complexities of courtroom procedures and probate law to help you see your estate administration case to completion. 

Have Questions About Estate Administration? Contact a Melbourne Probate Attorney Today 

Do you have questions about estate administration and how long the process can take? If so, contact a Melbourne probate attorney at Lacey Lyons Rezanka today for assistance with your case. Complying with Florida probate law can be complicated.  An experienced Melbourne probate attorney can answer your estate administration questions and offer you some guidance as to how long the process can take based on the unique circumstances of your case.