Florida Probate Timeline: How Long Probate Actually Takes

"How long will this take?" is usually the first question families ask about Florida probate. The answer depends on the type of probate, the size and complexity of the estate, and whether complications arise. Some estates close in weeks. Others drag on for years.

Florida law sets minimum timeframes that cannot be shortened. The three-month creditor claims period in formal administration means even a straightforward estate takes at least five to six months. But understanding what affects the timeline helps you plan realistically and avoid unnecessary delays.

This guide breaks down the actual timeline for each type of Florida probate, what causes delays, and how to keep your case moving. For an overview of the entire process, see our Florida probate process guide.

Timeline Overview by Probate Type

Probate Type	Minimum Time	Typical Time	Complex Cases
Disposition Without Administration	1 week	1-2 weeks	Rarely complex
Summary Administration	3-4 weeks	1-3 months	3-4 months
Formal Administration	5-6 months	8-12 months	1-3+ years

Let's examine each type in detail.

Disposition Without Administration: 1-2 Weeks

Disposition without administration is the fastest path through Florida's probate system. This option is available under Florida Statutes Section 735.301 for very small estates.

Eligibility Requirements

Only personal property (no real estate)
Estate value is less than funeral costs plus final medical expenses
Practically, this means estates around $6,000 or less

Timeline Breakdown

Days 1-3: Document Gathering

Obtain certified death certificates
Compile list of assets and values
Gather funeral expense receipts
Gather final medical bills

Days 4-7: Petition Preparation

Complete the petition form
Identify creditors to be paid
Calculate whether estate qualifies

Days 7-14: Filing and Court Review

File petition with circuit court clerk
Pay filing fee (approximately $235)
Court reviews and enters order
Order authorizes direct payment to funeral home and medical providers

What Makes This Fast

No personal representative is appointed. No creditor claims period. No formal inventory. The court simply authorizes payment of specific expenses.

Limitations

This process only works for very small estates with no real estate. If the estate exceeds the threshold, you must use summary or formal administration.

Summary Administration Timeline: 1-3 Months

Summary administration offers a middle ground between the quick disposition process and full formal administration. Under Florida Statutes Section 735.201, summary administration is available when:

The estate value (excluding exempt property and homestead) is $75,000 or less, OR
The decedent died more than two years ago

Timeline Breakdown

Week 1-2: Preparation Phase

During the first two weeks, you gather information and prepare the petition:

Collect all asset information (bank statements, titles, deeds)
Identify and value all probate assets
Determine whether homestead applies
Calculate whether the estate qualifies for summary administration
Identify all beneficiaries and their contact information
List all known creditors
Prepare the Petition for Summary Administration

Week 2-3: Filing and Service

File the petition with the circuit court
Pay the filing fee (approximately $345)
Serve the petition on all interested parties
Publish any required notices (varies by county)

Week 3-6: Court Review

The court reviews the petition. Processing time varies by county:

Smaller counties: May review within one to two weeks
Larger counties (Miami-Dade, Broward, Hillsborough): May take three to six weeks

If the petition has deficiencies, the court issues an order requiring corrections, which adds time.

Week 6-10: Order and Distribution

Court enters Order of Summary Administration
Order identifies beneficiaries and their shares
Beneficiaries use the order to claim assets from institutions
Assets transfer to beneficiaries

Week 10-12: Wrap Up

Close bank accounts and transfer funds
Transfer vehicle titles
Record order if real estate is involved
Distribution complete

Why Summary Administration Is Faster

No personal representative appointment. There is no Letters of Administration phase.

No formal creditor period. The three-month creditor claims period does not apply (though creditors may still have rights against beneficiaries).

Less court involvement. Fewer hearings and filings are required.

Simpler accounting. No formal accounting or inventory filing.

Potential Summary Administration Delays

Court backlog (varies significantly by county)
Incomplete petitions requiring corrections
Difficulty identifying or locating beneficiaries
Questions about asset values or estate eligibility
Real estate complications

Formal Administration Timeline: 6-12 Months

Formal administration is required for estates that do not qualify for summary administration. This is the full probate process with appointed personal representative, creditor claims period, inventory, and final accounting.

Month 1: Opening the Estate

Week 1-2: Document Gathering and Preparation

Before filing, you need:

Original will (if one exists)
Death certificates (order 10-15 copies)
Asset information (accounts, real estate, vehicles)
List of beneficiaries with contact information
Proposed personal representative information

Week 2-3: Filing the Petition

Prepare Petition for Administration
File with circuit court clerk
Pay filing fee (approximately $401)
Submit original will if not already filed

Week 3-4: Appointment

Court reviews petition
If everything is in order, court issues Letters of Administration
Personal representative is officially appointed
Personal representative opens estate bank account

Month 1-2: Notices and Inventory

Publishing Notice to Creditors

The personal representative must publish a Notice to Creditors in a local newspaper. This notice must run once a week for two consecutive weeks. The three-month creditor claims period starts from the first publication date.

Serving Notice of Administration

Within 20 days of receiving Letters, the personal representative must serve Notice of Administration on:

All will beneficiaries
All intestate heirs
The surviving spouse
Anyone who filed a caveat

Preparing the Inventory

Within 60 days of receiving Letters, file an inventory listing all probate assets and their values. This requires:

Account statements showing date-of-death values
Real estate appraisals
Vehicle valuations
Personal property estimates

Months 2-5: The Creditor Claims Period

This is the phase you cannot shorten. Florida Statutes Section 733.702 requires creditors to have three months from first publication to file claims.

During this period:

Receive and review creditor claims as they arrive
Object to invalid claims within 30 days of receipt
Manage estate assets (pay bills, maintain property, collect income)
Correspond with beneficiaries
Address any questions or issues that arise

The three-month period is a statutory minimum. You cannot close the estate until it ends.

Months 5-8: Settling Claims and Preparing for Distribution

Paying Claims

After the creditor period ends:

Review all filed claims
Resolve any disputes
Pay valid claims in statutory priority order
Address any remaining objections

Tax Returns

File the decedent's final income tax return
File estate income tax returns if required
Obtain tax clearances if needed

Preparing the Accounting

The personal representative prepares a detailed accounting showing:

All assets that came into the estate
All income received
All expenses and claims paid
All distributions made or proposed
The final balance

Months 8-12: Distribution and Closing

Petition for Discharge

File petition for discharge with the court
Serve the petition on all beneficiaries
Include the final accounting

Beneficiary Consent or Objections

Beneficiaries can:

Consent to the accounting and distribution
Waive formal requirements
Object (which requires a hearing)

Final Distribution

Transfer remaining assets to beneficiaries
Execute deeds for real estate
Obtain signed receipts from all beneficiaries

Court Approval

Court reviews accounting and petition
If approved, court enters Order of Discharge
Personal representative is released from duties

Why Formal Administration Takes So Long

Mandatory creditor period. The three-month minimum cannot be waived.

Inventory deadline. 60 days to value and file inventory.

Multiple court filings. Opening, inventory, accounting, and closing all require court involvement.

Notification requirements. Multiple rounds of notices to beneficiaries and creditors.

Attorney coordination. Florida requires attorney representation for formal administration.

What Delays Florida Probate?

Even without complications, probate takes time. But certain issues can extend the timeline significantly.

Will Contests

If someone challenges the will's validity, the court must hold hearings and potentially a trial. Will contests typically add 6 to 18 months - sometimes longer if appealed.

Common grounds for will contests:

Lack of testamentary capacity
Undue influence
Fraud
Improper execution

Creditor Disputes

When the personal representative objects to a creditor's claim, the creditor has 30 days to file a lawsuit to pursue it. Litigation can take months or years to resolve.

Missing Heirs

If beneficiaries or heirs cannot be located, the personal representative must conduct a diligent search. This may involve:

Hiring professional heir search services
Publishing additional notices
Seeking court guidance

Some estates cannot close until all beneficiaries are found or the court approves alternative procedures. Understanding Florida intestate succession rules helps identify who the potential heirs are.

Real Estate Complications

Selling real estate through probate requires additional steps:

Court authorization for the sale
Title examination
Addressing any liens or encumbrances
Coordinating with buyers

Real estate sales add two to four months in many cases. Florida homestead property has special constitutional protections that may further complicate transfers.

Tax Issues

Complex tax situations delay closing:

Waiting for IRS to process returns
Resolving audits or disputes
Obtaining closing letters for estate tax
State tax clearances (if applicable from prior residence)

Family Conflicts

Disagreements among beneficiaries about any aspect of administration can cause delays:

Who should serve as personal representative
How assets should be valued
How to handle specific property
Distribution disputes

When beneficiaries object to filings, hearings are required.

Court Backlogs

Processing times vary dramatically by county. Large counties like Miami-Dade, Broward, and Palm Beach often have significant backlogs. Smaller rural counties may process matters faster but have fewer available hearing dates.

How to Keep Your Probate on Track

While you cannot eliminate mandatory timeframes, you can avoid unnecessary delays.

Choose the Right Administration Type

If you qualify for summary administration, use it. If you qualify for disposition without administration, use that. Do not go through formal administration when a simpler option works.

See our guide on formal vs. summary administration.

File Complete, Accurate Documents

Rejected filings mean starting over. Common reasons for rejection:

Missing signatures
Incorrect forms
Incomplete information
Filing fee not paid

Double-check everything before submission.

Meet Every Deadline

Florida probate has strict deadlines. Missing them creates complications:

Will filing: 10 days from learning of death
Notice of Administration: 20 days from Letters
Inventory: 60 days from Letters
Creditor claim objections: 30 days from receipt

Track every deadline and build in buffer time. Missing these can lead to costly probate mistakes.

For a complete deadline reference, see our Florida probate deadlines guide.

Respond Quickly to Court Requests

When the court asks for additional information or corrections, respond immediately. Letting requests sit on your desk adds weeks to the timeline.

Work with an Experienced Attorney

An attorney who regularly handles probate in your county knows local procedures, judges' preferences, and how to keep cases moving. The cost of experienced counsel often pays for itself in time savings.

Communicate with Beneficiaries

Keep beneficiaries informed throughout the process. When they know what is happening and why, they are less likely to file objections that cause delays.

Organize Before Filing

Gather all documents before starting probate:

Original will
Death certificates
Financial statements
Property records
Contact information for all beneficiaries

Starting with complete information prevents delays later.

Timeline Variations by County

Florida has 67 counties, and processing times vary significantly. Factors include:

Court staffing levels
Case volume
Local rules and procedures
Hearing availability

Generally faster: Smaller, rural counties with lighter caseloads

Generally slower: Large metro areas (Miami-Dade, Broward, Hillsborough, Orange, Palm Beach)

Find your county's specific contact information and procedures in our Florida probate directory.

Frequently Asked Questions

How long does probate take in Florida?

It depends on the type. Disposition without administration takes one to two weeks. Summary administration takes one to three months. Formal administration takes six to twelve months minimum, with complex cases taking longer.

What is the minimum time for probate in Florida?

For formal administration, the minimum is about five to six months due to the mandatory three-month creditor claims period. Summary administration can be completed in as little as 30 to 60 days in some counties.

Why does formal probate take so long?

The three-month creditor claims period is the biggest factor. Florida law requires this waiting period to give creditors time to file claims. Combined with opening procedures, inventory requirements, and closing formalities, six months is the practical minimum.

Can you speed up probate in Florida?

You can avoid delays by: choosing summary administration if eligible, filing complete documents, meeting all deadlines, responding quickly to court requests, and working with experienced counsel. But you cannot shorten the mandatory creditor period.

What happens if probate takes too long?

Florida Statutes Section 733.901 says personal representatives should close estates within 12 months. If administration takes longer, the court may require status reports explaining the delay. Excessive delays can lead to removal of the personal representative.

Next Steps

Understanding the timeline helps you plan and set realistic expectations. Here is what to do:

Determine which type of probate applies to your estate
Estimate your timeline based on the type and complexity
Gather documents early to avoid delays
Track all deadlines from the start
Work with experienced counsel for formal administration

Use our probate fee calculator to estimate costs for your estate.

Find county-specific information in our Florida probate directory.

Sources:

Florida Statutes Section 733.702 (Limitations on Presentation of Claims)
Florida Statutes Section 733.901 (Final Discharge)
Florida Statutes Section 735.201 (Summary Administration)
Florida Statutes Section 735.301 (Disposition Without Administration)
Florida Probate Rules
Florida Courts Statistics

This guide provides general information about Florida probate timelines. Every estate is different, and actual timeframes depend on your specific circumstances. Consult a Florida probate attorney for guidance on your situation.

Last updated: January 2026