Legal Question in Wills and Trusts in Florida
is there a statute of limitation of probate issue?
my father died in 1988 in florida without leaving a will. my stepmother lives in the family home and the estate property never was distributed because she did not put his estate in probate.she has decided that she wants to go into probate now after 16years because my siblings(3) will not sign the home over to her. our understanding is that the property is heir property and she cannot sell or modify the property without determining ownership. Is there a statute of limitation for filing probate? if not, what are our rights as heirs to our father's estate.she has refused to inform us of any insurance policies and bank accounts. she also has savings bonds in her possession that my father bought for each of his children.she claims to have no knowledge of them. we are trying to be civil, but she is being very uncooperative.
3 Answers from Attorneys
Re: is there a statute of limitation of probate issue?
In NY there is no statute of limitations for probating a will or administering an estate (FL may or may not be the same). Since your father died without a will, the property should be distributed by FL's intestacy laws.
You should begin by filing a petition to be named administrator of his estate in FL surrogate's court.
Re: is there a statute of limitation of probate issue?
There is NO Statue of Limitations on Probate in NYS. You indicated that your father died in FL, but where did he live, FL or NY? Where is the house? The Estate proceeding will need to be commenced in the state where your father resided prior to his death.
If your father lived in NYS, please contact me for more information @ (716) 856-4022. Thank you.
Re: is there a statute of limitation of probate issue?
In Florida, you can file a Petition for Summary Administration (an abbreviated version of probate) since your father has been deceased for over 2 years. You can do this with or without a will. If your father was residing in Florida at the time, you can probate the entire estate in Florida. If not, you can at least probate the property. You'll want to contact an attorney in either case, not only to assist you with the Petition but also to determine heirs' share of property under intestacy (without a will) law, if there is no will.
Should you have further questions or require assistance, please feel free to contact me directly via email or phone at (407) 353-4728.
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