Fort Lauderdale, FL asked in Estate Planning for Florida

Q: We have been in probate since 2017, its a small estate with no complexities, is that too long

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Estate Planning Lawyer
  • Orlando, FL
  • Licensed in Florida

A: 3 years seems like a long time, that said, as a probate attorney you often hear that a case is simple, basic, not-complicated, easy, etc., and as we all know and experience with ongoing probate cases it is anything but easy based on later arising facts. Generally, 3 years is a long time for any probate, a simple probate like a Summary Administration if you are referencing simple usually should be concluded in 9-18 months at the high end. You may well need an attorney to review this matter from the outside, if you did not fine this case yourself as the petitioner or personal representative for this probate and you are not getting regular updates, inventory, accounting, status of assets/distributions then there is likely an issue and a problem, furthermore, if you are just a beneficiary without an attorney representing you in the estate, you should aware that the estate attorney works for the estate/personal representative/petitioner and not on behalf of the interests of the beneficiaries, so a a lot depends on your status in this case as well. That said, 3 years from 2017 to 2020 is a very long time for a small/simple/non-complex case if it is indeed that in this instance.

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