Taxation & Estate Planning

More than 2 years since the Date of Death? Probate that estate!

By Long H. Duong

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  A Notice to Creditors need not be published (saving anywhere from $100 to $300 on publication costs).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.

Full post as published by WeProbateFlorida.com on November 12, 2008 (boomark / email).