How long does closing an estate in North Carolina take and what factors affect the final accounting audit? - Florida
The Short Answer
In Florida, there is no single fixed number of days that every probate estate must close—timelines vary widely based on the type of administration, creditor issues, taxes, and whether anyone objects to the personal representative’s final accounting. Many estates can wrap up in months, but contested or complex estates can take significantly longer.
What Florida Law Says
In a Florida probate, the personal representative is generally discharged only after the administration is completed, which typically includes resolving debts and expenses, addressing tax issues, and providing an accounting and/or documentation showing proper administration and distribution. If the court (or interested persons) raises questions about the numbers, missing documentation, or disputed transactions, the “audit” or review of the final accounting can slow down closing and may require additional court involvement.
The Statute
The primary law governing this issue is Fla. Stat. § 733.901.
This statute establishes that once the estate’s administration has been completed, the personal representative should be discharged—and that discharge generally releases the personal representative and bars later actions against them (and the surety) related to their role.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Closing can be delayed if required tax-related items are not resolved; Florida law can restrict approval of a final account until applicable estate tax issues are addressed. See, for example, Fla. Stat. § 198.26.
- Burden of Proof: The personal representative may need to substantiate transactions with bank statements, receipts, closing statements, and explanations for distributions—especially if any beneficiary questions missing funds, unusual expenses, or timing.
- Exceptions: Disputes (objections to the accounting, creditor claims, unclear asset ownership, or questions about compensation) can require hearings and additional filings, which can extend the timeline and increase costs.
Trying to handle this alone can lead to avoidable delays, objections, or even personal liability exposure for the personal representative. A Florida probate attorney can help present the accounting in a defensible way, anticipate objections, and move the case toward discharge efficiently.
If you want more background reading, see: What Is the Final Accounting in the Florida Probate Process? and What Do I Need to Do to Close a Probate Estate in Florida?.
Get Connected with a Florida Attorney
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.