I'm trying to figure out approx how much time probate takes in Brevard county Florida.

Asked 8 months ago - Melbourne, FL

Its not in Probate yet, no will has been filed in court yet. She has a will 1 of the PR is a felon and the other on the will is not known to us. My brother wants to be appointed PR. There are 2 homes that are paid for that she was leaving her 2 sons, me and Brother. The house left to Brother is the one she had lived in and is homesteaded. The other is the one left to me and i was told by a attorney that i am screwed that my house i am suppose to get will be sold to pay off credit card debts. I am trying to find out how much approx time i have to borrow or make the money to pay it off so my house isn't sold. Also if it is sold to pay off debt would i get the rest of the money from the house sale after debts are paid?

Attorney answers (4)

  1. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . Probate can take up to 1 year and sometimes longer.
    Creditor problems and the sale of real estate can make the process longer.
    Once the attorney and PR are-selected-see if you can work out a beneficiary agreement.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  2. J. Garry Rooney

    Contributor Level 13

    4

    Lawyers agree

    Answered . There are many factors that can speed up or slow down a case. You should contact an attorney to discuss. Many attorneys that practice here in Brevard and Indian River County provide free consultations - reach out and meet with one -

  3. Mark Robert Mohler

    Contributor Level 11

    3

    Lawyers agree

    Answered . An initial question is whether the listed PRs want to serve. If not, a waiver may be useful in order for your brother to be appointed.

  4. David Michael Platt

    Contributor Level 7

    1

    Lawyer agrees

    Answered . I would agree that a probate estate would take 9 months to a year to probate. I would also consult with an experienced probate attorney to discuss your options. It may be possible to wait for 2 years before commencing probate. If you wait, and not creditors begins an action against the estate or petitions to open the estate, it may be possible to avoid unsecured creditors by waiting for 2 years. An attorney can explain to you how this works.

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