By Laurie E. Ohall, Florida Board-certified Elder law Attorney
As a Brandon estate planning attorney, one question I’m frequently asked is why probate takes so long. When grieving the loss of a loved one, the last thing families want is a drawn-out legal process. Yet, probate typically takes six to 12 months for straightforward cases, with complex estates extending well beyond this timeframe.
Key Factors Extending Probate Timelines in Hillsborough County
Court Processing and Administrative Procedures
Hillsborough County’s probate system handles thousands of cases annually, creating inevitable delays. Initial filing reviews can take several days to weeks, and if the case requires a hearing, it could take months to get a hearing date.
Legal Notice Requirements and Waiting Periods
Florida law requires specific notification procedures that cannot be shortened. Creditors must be formally notified, followed by a mandatory 90-day waiting period for claims. All beneficiaries and potential heirs must receive proper notice, with sufficient time allowed for responses.
Asset Complexities
Many estates have assets that require special handling such as real estate or business interests which may need to be evaluated. These processes add significant time to probate completion.
Family Disagreements
The biggest reason for delays is disputes among beneficiaries, which can dramatically extend probate timeframes. This can add months or even years to the process.
How to Potentially Reduce Probate Time
While some delays are unavoidable, these strategies may help streamline the process:
- Create a comprehensive estate plan before it’s needed, with clear documentation and regular updates.
- Choose your personal representative wisely — someone organized, neutral and preferably local to Hillsborough County.
- Consider probate alternatives, like revocable living trusts, joint ownership arrangements or payable-on-death designations.
Navigating Hillsborough County’s probate system without an attorney can be daunting and leads to potentially costly mistakes. While general information is widely available, each county has specific procedures and the clerk’s office cannot answer legal questions. If you have questions or need help with any of these issues, we invite you to contact the Law Offices of Laurie E. Ohall at 813-438-8503 to schedule a free 15-minute phone consultation.
