[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Probate Court Name] [Probate Court Address] [City, State, ZIP Code] Re: Closure of Estate — Expiration of Probating Claims Estate of [Deceased's Name] Probate Case No: [Probate Case Number] Dear Honorable [Probate Judge's Last Name], I hope this letter finds you well. I am writing to request the closure of the estate of [Deceased's Name] based on the expiration of probating claims in accordance with Florida state law. Please consider this letter as a formal notice of our intent to close the estate. As the personal representative of the estate, I have diligently carried out my responsibilities and obligations in administering the estate in accordance with the Florida Probate Code. The probate process has been completed, and no additional claims have been filed within the applicable time period as prescribed by law. To provide a comprehensive overview of the tasks performed, I have enclosed the following essential documents: 1. Letters of Administration: These grant me the authority to act on behalf of the estate, including managing assets, paying debts, and distributing property to beneficiaries. 2. Inventory of Assets: A complete listing of all assets owned by the deceased at the time of their passing. This document includes real estate, bank accounts, investments, vehicles, personal property, and any other relevant assets. 3. Notice to Creditors: A formal notice that was published in a local newspaper, notifying potential creditors of the deceased's passing and providing them with the deadline to file claims against the estate. This notice also declares that claims filed after the stated deadline are barred by law. 4. Proof of Mailing: Copies of certified mail receipts and return receipts, documenting that creditors, known or reasonably ascertainable, have been notified directly. 5. Final Accounting: A comprehensive summary of all financial transactions made during the probate process, including the payment of outstanding debts, administration expenses, attorney fees, taxes, and distribution of remaining assets to beneficiaries. 6. Receipts and Releases: Acknowledgements of payment and releases obtained from beneficiaries, confirming their receipt of their rightful share from the estate and releasing the personal representative and the estate from future claims or liabilities. Considering that the statutory time frame for filing claims against the estate has expired as provided under Section [Relevant Section Number] of the Florida Probate Code, I respectfully request the entry of an order closing the estate. This closure will allow for the final distribution of assets and the conclusion of the probate process. Should the court require any additional information or documentation, please let me know, and I will promptly provide it. However, should you find that all necessary requirements for the closure of the estate have been met, I kindly ask for the court's prompt attention and approval to close the estate. Thank you for your time and consideration. If you have any questions or need further clarification, please do not hesitate to contact me at [Phone Number] or [Email Address]. Yours faithfully, [Your Name] [Personal Representative of the Estate] [Probate Case Number]
Florida Sample Letter for Closure of Estate - Expiration of Probating Claims
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FAQ
In a formal estate administration, it typically takes around 4-6 weeks to have the personal representative appointed. The estate generally remains open for around 1 year, however this will vary depending on what the personal representative needs to accomplish during the estate administration.
Closing the Florida Probate The Florida probate estate can be closed as soon as the time has expired for creditors to submit claims, all valid creditor claims and expenses of administration have been paid, all tax returns have been filed and taxes have been paid, and all assets are ready for distribution.
Depending on the size and complexity of the estate, probate in Florida take anywhere from one month to 18 months or more. Formal administration is the most common type of probate in Florida.
One of the most common ways of avoiding probate is to establish a living trust. Any assets you own, whether real estate, bank accounts, cars, or personal items, can be put into a living trust. A living trust resembles a will, appointing a trustee to take over on your death.
In general, the whole probate process can take anywhere between six to twelve months. Below is a general overview of how long it may take to both apply for a grant of probate and then get the application approved from the probate registry.
Filing for probate ? 10-day deadline This specifies that the individual in possession of the deceased's last will and testament must file for probate within 10 days from the date of death of the deceased in the same county where the deceased died. The size of the estate to be probated does not affect these ten days.
Section 733.710, Fla. Stat. provides that ?? 2 years after the death of a person, neither the decedent's estate, the personal representative, if any, nor the beneficiaries shall be liable for any claim or cause of action against the decedent.? However, there are several exceptions that apply.
Once they receive notice, the Florida probate rules require creditors to file their claims against the estate on or before the later of 30 days after service of notice or 3 months after publication of notice.
