Thursday, July 3, 2014

When a Florida court appoints a personal representative for an estate of a Floridian resident, as part of agreement in a case of contest of ...

Question

When a Florida court appoints a personal representative for an estate of a Floridian resident, as part of agreement in a case of contest of two different wills. How long should it take for this personal representative, who is licensed in both New York and Florida, to get a waiver and consent to probate a house in New York worth about $250,000. How long does it take to get New York court to grant power of appointment? There are no assets in Florida.



Answer

It all depends upon the actual value of the entire estate, not the value of the individual asset. There could be delays due the necessity for a bond, possible inheritance tax delays, etc. Some of these issues could take a few weeks, and the inheritance tax waiver could take months.



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