How long does it take for beneficiary to get her share of estate?


A typical full probate in Florida takes four to six months.


Attorney Tom Olsen: Loretta you are on News 96.5. Go ahead.

Loretta: Good Afternoon. If someone becomes the administrator of the estate, how long will it be before she distributes whatever to the beneficiaries?

Attorney Tom Olsen: Okay. If we're talking about a full-blown probate in Florida that full-blown probate lasts anywhere from four to six months. If we're doing a full-blown probate Loretta, I would expect that it would take four to six months before the beneficiaries got their money from this probate estate.

Loretta: If this person wants to take their time distributing, what's the next step?

Attorney Tom Olsen: It would be for one of the other beneficiaries to petition the court to remove that person as the executor of the estate because they're not doing the job on a timely basis. That'd be a lot of work but if it needs to be done it needs to be done Loretta.

Loretta: Okay. After the sixth month is gone, the beneficiaries don't get what they're entitled to then you take them to court?

Attorney Tom Olsen: Maybe but unless there's a good reason. Let me qualify that by saying Loretta, if there was an estate tax due, a Federal estate debt tax due, then that can take up to a year.

Loretta, the step number one is to find out why it's taking so long. Maybe the executor has a good reason, maybe she doesn't. Loretta, are you a beneficiary of this estate Loretta?

Loretta: Yes.

Attorney Tom Olsen: Okay. Loretta if this is really the issue for you, if you really want to know what's going on and you're not getting answers then you might retain me or another lawyer to write a letter to the executor and the executor's lawyer and ask them, "What's going on? Let's move this thing along. Loretta wants to get her money." That'd be perfectly reasonable for you to do Loretta and I'd be happy to help you out with that.

By the way I'm going to give you our office phone number. That is 407 423 5561. I'm going to give that number out again, but I remind you that Monday through Friday 9:00 to 5:00, all the lawyers at my office including me we are always happy to give you a few minutes of free legal advice. Monday through Friday 9:00 to 5:00, you can reach us at 407 423 5561.