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How long does it usually take for a will to be filed with a probate court?

A fellow caregiver asked...

My question is regarding probate of a will. My mother died May 8 2011 and my daughter was appointed by her as executor of her will. An attorney was retained by my daughter but my mothers will has not been filed with probate court yet. We live in Florida and I wanted to know if this length of time is the norm or should I be concerned that it is taking so long?

Expert Answer

Judy and Fred co-mediate family property and financial conflicts, and each work individually as mediators as well. Judy Barber, a mediator and family business consultant, assists clients in resolving overlapping family and money conflicts so they are better able to make sound estate planning decisions. Frederick Hertz is an attorney and mediator who specializes in resolving co-ownership matters involving families, siblings, spouses, cohabitants and domestic partners.

Every state has its own rules, both for the filing of the will and the processing of the probate. Each state has its own rules for notifying creditors, and for settling the estate. So, you should be contacting the lawyer you hired and ask him or her for the specific answers to these questions. Then, you can evaluate whether that lawyer is doing things in a timely manner. If they are not acting promptly, then we suggest you set a deadline for them to act, and if they fail to meet the deadline, they should be terminated and you should start over with a new lawyer. The process will be difficult enough without your having to micro-manage a non-performing lawyer!