Legal Question in Wills and Trusts in Florida

Re: Probate

No, there isn't a time limit in the state of Florida. And, depending on the facts, it might be smart to keep the probate closed for a while.

Florid has a 2 year 'statute of nonclaims' which says that anyone who your mother owed money to has to present the claim within 2 years of the date of her death. If she died owing a lot of money, and don't probate the will until 2 years have passed, you generally don't have to pay those bills (with a few exceptions). So, not probating the will might be a smart idea.

On the other hand, if there aren't a lot of bills, then there might not be a good reason for not opening the probate.

If you need more information, call me or another Florida probate attorney.