Florida Probate Deadlines: Every Critical Date Personal Representatives Must Know

Florida probate deadlines are strict, and missing them can cost you. A missed will filing deadline could make you personally liable for damages. A missed creditor objection deadline forces you to pay claims you could have fought. A missed inventory deadline requires explaining yourself to the judge.

The good news is that once you know the deadlines, they are manageable. This guide covers every time-sensitive requirement in Florida probate, from the 10-day will deposit rule to the 2-year statute of limitations.

Keep this guide handy and check off deadlines as you meet them. Your future self will thank you.

Quick Reference: All Major Deadlines

Before diving into details, here is your master deadline list:

Now let's examine each deadline in detail.

The 10-Day Deadline: Filing the Original Will

This is often the first deadline families encounter, and it catches many people off guard.

What the Law Requires

Under Florida Statutes Section 732.901, anyone who has custody of a deceased person's will must deposit the original document with the clerk of court within 10 days after learning of the death.

Read that again: 10 days from when you learn of the death, not 10 days from the death itself. If you find the will six months after someone dies, you have 10 days from that discovery to file it.

Who Must File

This obligation falls on anyone with physical possession of the original will:

• Family members who were given the will for safekeeping
• Attorneys who drafted or stored the will
• Banks with safe deposit boxes containing wills
• Friends or neighbors entrusted with the document

If you have a copy but not the original, you are not required to file the copy, though you should inform the court and family that a will exists.

Where to File

File with the clerk of court in the county where the deceased was a Florida resident at death. If you are unsure which county, file where they lived most recently.

You can usually file:

• In person at the clerk's office
• By mail (use certified mail for proof of delivery)
• Through e-filing in many counties

What Happens If You Miss This Deadline

Failing to file the will within 10 days can result in personal liability for damages caused by the delay. If beneficiaries lose money because the will was not filed promptly, you could be on the hook.

In practice, courts rarely impose penalties for minor delays if no harm results. But if someone contests the estate, challenges the will, or suffers financial loss because of your delay, you face real exposure.

Bottom line: File the will immediately. Do not wait to figure out whether you will open probate or who the personal representative will be. Depositing the will is separate from starting the probate case. Learn more about the overall probate process in Florida.

The 20-Day Deadline: Notice of Administration

Once you are appointed as personal representative and receive your Letters of Administration, a new clock starts.

What You Must Do

Within 20 days of receiving Letters of Administration, you must serve a Notice of Administration on specific people. This formal notice tells interested parties that probate has been opened and explains their rights.

Florida Probate Rule 5.240 specifies who must receive notice:

• All beneficiaries named in the will
• All heirs who would inherit if there were no will (intestate heirs)
• The surviving spouse (even if not a beneficiary)
• Anyone who has filed a caveat (a document requesting notification before probate begins)
• The Florida Department of Revenue if estate taxes may be owed

What the Notice Contains

The Notice of Administration must include:

• The decedent's name and date of death
• That probate has been opened and the case number
• The name and address of the personal representative
• The name and address of the personal representative's attorney
• A statement of rights, including the right to object

How to Serve Notice

Service can be accomplished by:

• Formal service through the sheriff or process server
• Certified mail with return receipt requested
• Regular first-class mail (keep proof of mailing)

The safest approach is certified mail. Keep the green return receipt cards as proof of service.

Why This Deadline Matters

The Notice of Administration starts several other clocks. The six-month deadline for the surviving spouse to claim an elective share runs from service of this notice. Beneficiaries who want to contest the will must act within certain timeframes that begin when they receive this notice.

Serving late can extend the overall probate timeline and delay when you can close the estate.

The 60-Day Deadline: Estate Inventory

One of the most work-intensive early requirements is preparing and filing the estate inventory.

What the Inventory Must Include

Under Florida Probate Rule 5.340, the personal representative must file a verified inventory within 60 days of receiving Letters of Administration. The inventory lists:

• Every asset in the probate estate
• The fair market value of each asset as of the date of death
• A description sufficient to identify each asset

Common assets to include:

• Real estate (appraised value)
• Bank accounts (balance on date of death)
• Investment accounts (value on date of death)
• Vehicles (fair market value)
• Personal property (furniture, jewelry, collectibles)
• Business interests
• Money owed to the deceased

What NOT to Include

The inventory covers only probate assets. Leave out:

• Assets held in a trust
• Accounts with beneficiary designations (IRAs, life insurance, POD accounts)
• Property owned as joint tenants with right of survivorship
• Property held as tenants by the entirety

These non-probate assets pass outside the estate and do not appear on the inventory.

Getting Accurate Values

Some assets are easy to value (check the bank statement). Others require professional appraisals:

• Real estate: hire a licensed appraiser or use a real estate agent's market analysis
• Valuable personal property: use certified appraisers for jewelry, art, antiques
• Business interests: may require a business valuation expert
• Unusual assets: get expert opinions in writing

Start gathering appraisals immediately after being appointed. Waiting until day 55 to order an appraisal will blow your deadline.

Requesting an Extension

If you cannot complete the inventory in 60 days, file a motion requesting an extension before the deadline passes. Courts routinely grant reasonable extensions when requested in advance with good cause.

Do not wait until after the deadline to ask. Explaining to a judge why you missed a deadline is much harder than requesting extra time beforehand.

Confidential vs. Public Inventory

Florida allows you to file a confidential inventory that is not part of the public record. The detailed asset list goes to the court under seal, while a less detailed summary becomes public. Most families prefer the confidential option for privacy.

The 3-Month Deadline: Creditor Claims Period

The three-month creditor claims period is one of the most important timeframes in probate. You cannot close the estate until it ends.

How the Clock Starts

The creditor claims period begins when you first publish the Notice to Creditors in a local newspaper. Under Florida Statutes Section 733.702, creditors have three months from that first publication date to file claims against the estate.

Publication Requirements

You must publish the Notice to Creditors in a newspaper of general circulation in the county where probate is filed. The notice must appear:

• Once a week for two consecutive weeks
• In a newspaper that qualifies under Florida Statutes Section 50.011

The three-month clock starts from the first publication date, not the second.

Direct Notice to Known Creditors

Publishing in a newspaper is not enough. You must also send direct written notice to creditors you know about or could reasonably discover. This includes anyone whose debt appears in:

• The decedent's mail
• Bank statements and checkbook
• Medical records
• Outstanding bills found at the residence

Known creditors who receive direct notice get the later of 30 days from that notice OR three months from first publication.

What Happens When the Period Ends

After three months, creditors who did not file timely claims are generally barred forever. You can then:

• Pay valid claims in priority order
• Object to disputed claims
• Distribute remaining assets to beneficiaries

Do not distribute assets before the creditor period ends. If you pay beneficiaries early and then valid creditor claims arrive, you could be personally liable. Understand common probate mistakes to avoid.

For a complete guide to handling creditors, see our article on creditor claims in Florida probate.

The 30-Day Deadline: Objecting to Creditor Claims

When creditors file claims, you have 30 days to object if you believe a claim is invalid.

When the Clock Starts

The 30-day period begins when you receive the claim - typically when it is served on you or mailed to your address of record.

Why Timely Objection Matters

Under Florida Statutes Section 733.705, if you do not object within 30 days, the claim is deemed valid. You lose the right to dispute it, even if the claim is completely bogus.

This is harsh, but it is the law. A creditor could file a claim for $50,000 on a debt that was actually paid years ago. If you do not object within 30 days, you must pay it (assuming estate funds exist).

How to Object

To object, file a written statement with the court and serve a copy on the creditor or their attorney. Your objection should:

• Identify the specific claim
• State your grounds for objecting (debt paid, wrong amount, statute of limitations, etc.)
• Request that the court determine validity

After you object, the creditor has 30 days to file an independent action (lawsuit) to pursue the claim. If they miss that deadline, the claim is barred.

Track Every Claim Carefully

When a claim arrives, immediately note:

• The date you received it
• The 30-day objection deadline
• Whether you intend to object
• Any documentation you need to gather

Missing even one objection deadline can be expensive.

The Elective Share Deadline: 6 Months or 2 Years

Surviving spouses in Florida have a right to an "elective share" of the estate - essentially 30% of the augmented estate value - regardless of what the will says. But this right must be claimed timely.

The Deadline

Under Florida Statutes Section 732.2135, a surviving spouse must elect to take the elective share by the earlier of:

• Six months after service of the Notice of Administration, OR
• Two years after the decedent's death

Why This Matters

If a spouse misses this deadline, they forfeit the elective share forever. They receive only what the will (or intestate law) provides.

Example: A will leaves everything to the decedent's children from a prior marriage, giving the surviving spouse nothing. The spouse has the right to claim 30% of the estate through the elective share. But if the spouse waits too long, that right disappears.

What Triggers the 6-Month Clock

The clock runs from when the surviving spouse is served with Notice of Administration, not from when probate opens. This makes proper service critical.

If the personal representative delays serving notice or serves it improperly, the spouse may have more time. Conversely, if the spouse is served promptly, the clock is ticking.

Practical Advice

If you are a surviving spouse considering an elective share election, consult an attorney immediately. The elective share calculation is complex, involving both probate and non-probate assets. You need time to gather information and make an informed decision. Also understand what exempt property you're entitled to automatically.

If you are the personal representative and the surviving spouse might claim the elective share, serve Notice of Administration promptly and document service carefully.

Tax Filing Deadlines

Probate involves several tax deadlines that run independently of the probate process itself.

Final Individual Income Tax Return (Form 1040)

The decedent's final individual tax return is due April 15 of the year following death. If someone died in 2025, their final 1040 is due April 15, 2026.

This return covers income from January 1 through the date of death. The personal representative is responsible for filing it.

Extensions are available (Form 4868 gives an automatic six-month extension to file, though not to pay).

Estate Income Tax Return (Form 1041)

If the estate earns income during administration (interest, dividends, rent, business income), you may need to file Form 1041, the estate income tax return.

The deadline depends on whether you choose a calendar year or fiscal year for the estate:

• Calendar year: April 15 following the tax year
• Fiscal year: 15th day of the fourth month after the fiscal year ends

Estates with gross income of $600 or more must file. Even smaller estates may benefit from filing to establish the estate as a separate taxpayer.

Federal Estate Tax Return (Form 706)

The federal estate tax return is due nine months from the date of death. Most estates do not owe federal estate tax because of the high exemption ($13.99 million per person in 2025).

You must file Form 706 if:

• The gross estate exceeds the exemption amount, OR
• You want to elect portability (transferring unused exemption to a surviving spouse)

Portability Election

Even if no estate tax is owed, filing Form 706 to elect portability preserves the decedent's unused estate tax exemption for the surviving spouse. This can save millions in taxes when the second spouse eventually dies.

The portability election must be made on a timely filed Form 706, due nine months from death (extendable to 15 months with Form 4768).

Florida Estate Tax

Florida does not have a separate state estate tax. However, some decedents may have resided in states with estate taxes before moving to Florida, which could create filing obligations.

The 2-Year Statute of Limitations

Florida Statutes Section 733.710 creates an absolute bar on creditor claims two years after death.

What This Means

If probate is not opened within two years of death, creditors lose the right to file claims against the estate. Period.

This might sound like good news if you want to avoid paying debts. But it creates serious problems:

Title insurance issues: Title companies will not insure property transferred from a decedent's estate after two years without probate or a quiet title action. This makes selling or refinancing real estate extremely difficult. For details on transferring real estate, see how to transfer property after death in Florida.

Asset management problems: Banks and financial institutions may not release assets to heirs without probate, even after two years.

Family disputes: Informal asset divisions can lead to fights when there is no court supervision.

Lost assets: Without an inventory and court oversight, assets can disappear or be wasted.

When Waiting Makes Sense

In rare cases, waiting out the two-year period serves a purpose - typically when the estate has more debts than assets and the family does not need the probate process to transfer property.

But for most estates, opening probate promptly is the better choice.

The 12-Month Target: Closing the Estate

Florida Statutes Section 733.901 says a personal representative should close a formal administration within 12 months. This is a target, not a hard deadline with penalties.

Why 12 Months Is Often Realistic

A well-managed formal administration typically takes:

• Month 1-2: Open probate, gather assets, publish notice
• Month 2-5: Creditor claims period (3 months minimum)
• Month 5-8: Pay claims, prepare accountings
• Month 8-12: Final distribution, petition for discharge

Summary administration can close faster, sometimes in weeks. Learn about summary vs. formal administration to determine which applies to your estate.

What Causes Delays

Common reasons estates take longer than 12 months:

• Complex assets requiring extended appraisals or sales
• Creditor disputes or litigation
• Beneficiary disputes or will contests
• Tax issues requiring IRS resolution
• Real estate that takes time to sell
• Missing heirs or beneficiaries

If your estate will take longer, keep the court informed. File status reports and explain the delays. Courts are understanding when personal representatives communicate proactively.

Extension Requests: Your Best Friend

For most deadlines, you can request an extension if you ask before the deadline passes. Courts routinely grant extensions for good cause.

How to Request an Extension

File a motion with the court explaining:

• What deadline you need extended
• Why you need more time
• How much additional time you need
• That you are acting in good faith

Serve copies on interested parties (beneficiaries, creditors who have appeared, etc.).

Deadlines That Cannot Be Extended

Some deadlines are statutory and cannot be extended by the court:

• The 3-month minimum creditor period (though it can be longer)
• The 2-year creditor statute of limitations
• IRS tax filing deadlines (request extensions from the IRS, not the probate court)

Deadline Tracking System

Here is a practical system for managing probate deadlines:

Step 1: Create a Master Calendar

When you receive Letters of Administration, calculate every deadline immediately:

• 10 days: File will (if not already done)
• 20 days from Letters: Serve Notice of Administration
• 60 days from Letters: File inventory
• First publication date + 3 months: Creditor period ends
• Service of Notice + 6 months: Elective share deadline

Step 2: Set Multiple Reminders

For each deadline, set reminders:

• 30 days before
• 14 days before
• 7 days before
• 2 days before

Use your phone, calendar app, or whatever system you actually check.

Step 3: Build in Buffer Time

Do not plan to file on the deadline day. Things go wrong - courts close unexpectedly, e-filing systems crash, documents need corrections. Aim to complete everything at least a week early.

Step 4: Document Everything

Keep copies of every document you file, every notice you serve, and every deadline you meet. Note dates and times. If anyone later questions whether you met a deadline, you want proof.

Frequently Asked Questions

What happens if you miss a Florida probate deadline?

Consequences vary by deadline. Missing the will filing deadline can create personal liability. Missing the inventory deadline requires explaining to the court and may delay the case. Missing the creditor objection deadline means you must pay claims you could have disputed.

Is there a deadline to start probate in Florida?

No hard deadline, but waiting creates problems. After two years, creditor claims are barred but title insurance and asset transfers become difficult. Most estates should open probate within weeks or months of death.

Can I get an extension on probate deadlines?

Most deadlines can be extended if you request before they pass. File a motion explaining why you need more time. Some statutory deadlines (like the 3-month creditor minimum) cannot be shortened.

What is the creditor claims period in Florida?

Three months from first publication of the Notice to Creditors. Known creditors who receive direct notice get 30 days from that notice or three months from publication, whichever is later.

How long do I have to file the inventory?

60 days from receiving Letters of Administration. Request an extension before the deadline if you need more time.

Next Steps

Keeping track of deadlines is one of the personal representative's most important jobs. Here is what to do now:

1. Create your deadline calendar based on when Letters were issued
2. Set up reminders for each deadline
3. Gather documents you will need (appraisals, creditor information, etc.)
4. Request extensions early if you anticipate problems

For a complete overview of the probate process, see our guide on the Florida probate process. To understand how long the entire process takes, read Florida probate timeline.

Use our Florida probate checklist to stay organized throughout administration.

Related Florida Guides

• Florida Probate Process Guide
• Florida Probate Timeline
• Florida Executor Duties
• Florida Creditor Claims
• Florida Formal Administration
• Florida Probate Accounting

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Sources:

• Florida Statutes Section 732.901 (Production of Wills)
• Florida Statutes Section 733.702 (Limitations on Presentation of Claims)
• Florida Statutes Section 733.705 (Payment of and Objection to Claims)
• Florida Statutes Section 733.710 (Limitations on Claims Against Estates)
• Florida Statutes Section 732.2135 (Time of Election)
• Florida Statutes Section 733.901 (Final Discharge)
• Florida Probate Rule 5.240 (Notice of Administration)
• Florida Probate Rule 5.340 (Inventory)

This guide provides general information about Florida probate deadlines. Specific deadlines may vary based on your circumstances. Consult a Florida probate attorney to ensure you meet all applicable deadlines.

Last updated: January 2026