Asked 9 months ago - Gainesville, FL
FlagAre there any statutes, rule or written guide lines controlling a personal representative's time to close an estate? I do not mean what he spends his time doing but how slow he is to get around to things especially when it is a simple requirement to fulfill? He gets the use of a house as long as the estate is open, rent free. How many years must I wait? What are legitiment reasons to keep it open?
The normal timeline in Florida for a non-taxable estate is one year.
The PR can not take advantage of assets in the estate for personal benefit.
The PR can ask the court for an extension if necessary for a valid reason.
If you as a beneficiary feel "cheated"-you should be represented by an attorney.
Normally, the attorney for "the estate" is the same attorney as the attorney for the executor. In any event, the executor cannot simply keep the estate open indefinitely. If there is no reasonable reason to keep things going, your recourse would be to petition the court to compel distribution.
You would want an attorney to look this over, (and to assist you), if you decide you wish to take action.
James Frederick
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