How Long Does Probate Take in Florida?
Most uncontested Florida probates take six months to a year. The statute sets some of that clock. The rest depends on the estate and the people involved.
It is the first question nearly every family asks, and the honest answer is a range. Florida law sets several deadlines that put a floor under how fast an estate can close. Everything above that floor depends on the assets, the paperwork, and whether everyone agrees.
Summary administration: often weeks to a few months
Estates that qualify for summary administration, generally those with $75,000 or less in non-exempt probate assets or where the decedent died more than two years ago, skip the appointment of a personal representative and much of the ongoing administration. We explain who qualifies in summary administration in Florida.
Formal administration: commonly six to twelve months
Most estates go through formal administration. A typical uncontested timeline looks like this:
- Opening the estate. The petition is filed, the court admits the will if there is one, and letters of administration are issued to the personal representative.
- Notice to creditors. The notice is published and served on known creditors. Under section 733.702, claims are generally due three months after first publication, or 30 days after service if that is later.
- Inventory and administration. Assets are collected and inventoried, valid claims are paid, and tax returns are filed.
- Distribution and discharge. The personal representative files a final accounting, distributes the assets, and is discharged by the court.
The three-month creditor period is the practical minimum. And under Florida Probate Rule 5.400, an estate that does not need to file a federal estate tax return is expected to file its final accounting and petition for discharge within 12 months of letters being issued, unless the court extends that time.
What slows an estate down
- Real estate. Selling a house, or determining whether it is protected homestead, adds time.
- Property in another state. Out-of-state real estate may require an ancillary proceeding there.
- Missing or unknown heirs. Every beneficiary has to be located and served.
- Taxes. Final income tax returns, and estate tax returns for larger estates, have their own timelines.
- Disagreement. A will contest or a dispute among beneficiaries turns an administration into litigation.
- Slow institutions. Banks, brokerages, and insurers do not move on the family's schedule.
The two-year line
Under section 733.710, most claims against a decedent are barred two years after death, whether or not probate was ever opened. It is one reason waiting too long to open an estate rarely helps anyone.
What families can do
Gather the original will, death certificates, recent account statements, deeds, and any beneficiary designations before the first meeting. A responsive personal representative and an organized file do more for the timeline than anything else. If you are handling an estate now, our Florida probate page explains how we work. If this has you thinking about your own family, a funded revocable trust is how most Florida families avoid probate entirely. See will vs. trust in Florida.
Common questions
How long does probate take in Florida?
A straightforward formal administration commonly takes six to twelve months. Summary administration is often much faster. Estates with real estate to sell, tax issues, missing heirs, or disputes can take considerably longer.
Is there a deadline to close a Florida probate estate?
Under Florida Probate Rule 5.400, a personal representative of an estate that does not file a federal estate tax return is expected to file the final accounting and petition for discharge within 12 months after letters of administration are issued, unless the court extends that time.
How long do creditors have to file a claim in Florida probate?
Generally three months after the first publication of the notice to creditors, or 30 days after being served with the notice if that is later. Most claims are barred two years after the date of death regardless of whether probate was opened.
We will tell you what this involves before you hire anyone.
Bring us what you have. We will tell you which kind of administration applies and what the process looks like.
