In my 15 years practicing trusts and estates in Florida, I've handled the complete probate process many times. Today we're covering the final step: closing the probate estate.
Prerequisites for Closing
By this stage, all money has been distributed from the estate (or only small amounts remain for final expenses like taxes or miscellaneous items).
Main Closing Requirements
Petition for Discharge
Filed with probate court, listing:
- All compensation received by personal representative and attorney
- Amounts paid to accountants, appraisers
- Schedule of distributions to all beneficiaries
Formal Accounting
A roadmap of all financial transactions throughout the estate's life:
- Starting point: Asset values from inventory (date of death)
- Ending point: Whatever remains in estate when compiling accounting
Large estates typically involve an accountant to produce this accounting.
Waiving the Accounting Requirement
The accounting requirement can be waived only if all beneficiaries and interested parties consent and provide waivers.
Service Requirements
Unless we have waivers from all interested parties, we must serve everyone with copies of:
- Petition for discharge
- Final accounting
They have approximately 30 days to review and file objections.
Final Court Approval
If no objections are filed, we submit a proposed order of discharge to the judge. Once signed, the probate estate is formally closed.
Timing Requirements
The petition for discharge must be filed within 12 months after personal representative appointment. Extensions are possible (especially for larger estates with complex tax returns) but must be requested from the court.
Completion
Once we receive the signed order of discharge, everything has been transferred out of the estate, the personal representative no longer has liability, and everyone's job is finished.
This concludes our video series on the probate process. If you've lost a loved one and may need to navigate this process, please reach out to our experienced team—we're here to help.
