What are the filing deadlines for an intestate succession?

In Florida, the filing deadlines for an intestate succession depend on the type of case. For a case involving a qualified intestate estate, a petition must be filed within six months of the decedent’s death. If the estate is not a qualified intestate estate, then the petition must be filed within two years of the decedent’s death. In any case, if the petition is not filed within the specified time frames, then the right to claim the intestate estate is forfeited. The filing deadline may also be extended if the person claiming the succession is a minor, legally incapacitated, or not a resident of Florida at the time of the decedent’s death. For example, if the claimant is a minor, the deadline is extended until the minor’s 18th birthday; if the claimant is legally incapacitated, the deadline is extended until their legal capacity is restored; and if the claimant is not a resident of Florida at the time of the decedent’s death, the deadline is extended until they become a resident of Florida. If the intestate succession involves real or tangible personal property, then it is necessary to file a Notice of Claim with the Clerk of the Circuit Court. This Notice must be filed within three months of the decedent’s death. If the Notice is not filed within this timeframe, then the right to claim the intestate estate will be forfeited. In summary, the filing deadlines for an intestate succession vary depending on the type of case and the claimant’s status. The deadline is typically six months from the decedent’s death, but it could be extended if the claimant is a minor, legally incapacitated, or not a resident of Florida. Additionally, if the intestate succession involves real or tangible personal property, then a Notice of Claim must be filed with the Clerk of the Circuit Court within three months of the decedent’s death.

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What are the filing deadlines for an intestate succession?

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