Can you tell me if Fl has a statute that makes a PR end an estate?

Asked over 2 years ago - Ocala, FL

I can not find a statute that "makes" a PR close an estate. My friend has had one open for 10 years, the Pr keeps asking for extensions, no reason given. They are granted. No court hearings have happened in 4 years. I feel only statutes make things happen and are in writing and sometimes do not give room for excuses.

Attorney answers (4)

  1. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I do not know of Statute. The case is managed by the Judge and Clerk of Court.
    Extensions are granted for valid reasons.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  2. Marian Audrey Lindquist

    Contributor Level 17

    1

    Lawyer agrees

    Answered . In Broward County the Letters of Administration are stamped that the estate must be closed within a year if no estate tax return is due, and two years if an estate tax return is due. I know of no statute that requires closure. I don't know what the petitions for extension of time to close estate are giving as the basis to keep the estate open, but even here, if there is good basis the estate will remain open, with no hearing. You don't state why you want it closed. Are there assets that you are still waiting to receive? I suggest you seek a consult with an attorney in Ocala and take the estate paperwork with you so the attorney can look at it and answer your questions.

    The contents of this answer should be considered friendly advice, not legal advice and the answer should not be... more
  3. Brian Coleman Kelly

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Nv requires closure or excuse in 18 months.

  4. James P. Frederick

    Contributor Level 20

    Answered . Court hearings are not necessarily an indication of progress or lack thereof. Having said that, unless the Will requires it or there is some unusual situation, it is hard to imagine a situation where an estate would need to be open for that long. Are there beneficiaries who are minors? Assets that need to be sold?

    You can always petition the court to order the estate closed if there is nothing left that needs to be administered.

    James Frederick

    I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice... more

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