Florida Probate Timeline 2025: What to Expect This Year

Planning for probate in 2025 means knowing the current timelines, fees, and any procedural changes that affect how long the process takes. Florida's probate system remains largely consistent with prior years, but court backlogs, filing fee adjustments, and county-specific processing times have shifted.

This guide provides the Florida probate timeline for 2025, including what has changed, what stays the same, and realistic expectations for each probate type. For a comprehensive overview of the entire process, see our complete Florida probate process guide.

2025 Probate Timeline Quick Reference

Here is what families filing probate in Florida during 2025 can expect:

These timeframes reflect current court processing in most Florida counties. Your actual timeline depends on estate complexity, county workload, and whether complications arise.

What Changed for Florida Probate in 2025

Filing Fee Adjustments

Florida probate filing fees are set by Florida Statutes Section 28.2401. The fee structure for 2025 remains:

• Petition for Administration (Formal): $401
• Summary Administration: $345
• Disposition Without Administration: $235
• Ancillary Administration: $401

Some counties have added technology fees of $2-5 per filing to support electronic systems. Check with your county clerk for exact amounts. For a detailed breakdown of all probate costs, see our Florida probate filing fees guide.

Electronic Filing Expansion

More Florida counties now accept or require electronic filing for probate matters. As of 2025, all 67 Florida counties participate in the Florida Courts E-Filing Portal. Benefits include:

• Faster acknowledgment of filings
• Reduced mail delays
• Ability to track case status online
• Lower risk of lost documents

Counties with full e-filing integration typically process petitions faster than those still relying on paper systems.

Court Processing Times Post-Pandemic

Court backlogs from 2020-2022 have largely cleared in most counties. However, high-volume courts in Miami-Dade, Broward, and Palm Beach still experience longer processing times than smaller counties.

A 2024 report from the Florida Office of the State Courts Administrator showed probate case clearance rates improving across the state, with most circuits now processing cases within historical norms.

Disposition Without Administration: 1-3 Weeks in 2025

Disposition without administration under Florida Statutes Section 735.301 remains the fastest probate option. This process works for estates where:

• The only assets are personal property (no real estate)
• The total value is less than funeral expenses and final medical bills
• Practically, this means estates of about $6,000 or less

2025 Timeline Breakdown

Days 1-5: Document Gathering

Start by collecting:

• Certified death certificates (order 3-5 copies)
• Itemized funeral home invoice
• Final medical bills from hospitals and providers
• List of any remaining assets with values

Days 5-10: Petition Preparation and Filing

Complete the petition, which identifies:

• The decedent's information
• Assets and their values
• Expenses to be paid
• Who will receive any remaining funds

File with the circuit court clerk and pay the $235 filing fee.

Days 10-21: Court Review and Order

The court reviews the petition without a hearing in most cases. Processing time depends on your county:

• Faster counties (rural, lower volume): 5-10 days
• Average counties: 10-14 days
• Slower counties (metro areas): 14-21 days

Once approved, the court issues an order authorizing payment to creditors.

Why This Process Stays Quick

No personal representative is appointed. No creditor claims period applies. No formal inventory is required. The court simply confirms the estate qualifies and authorizes specific payments.

Summary Administration: 1-4 Months in 2025

Summary administration under Florida Statutes Section 735.201 offers a streamlined process for:

• Estates valued at $75,000 or less (excluding homestead and exempt property), OR
• Estates where the decedent died more than two years ago

This threshold has not changed for 2025. There is periodic legislative discussion about increasing the $75,000 limit, but no change has passed.

2025 Timeline Breakdown

Weeks 1-2: Preparation Phase

Gather all required information:

• Death certificates
• Bank and investment account statements showing balances
• Real estate records (if applicable)
• Vehicle titles
• Contact information for all beneficiaries
• List of known creditors

Prepare the Petition for Summary Administration with supporting documents.

Weeks 2-3: Filing and Service

File the petition with the circuit court and pay the $345 filing fee. Serve copies on all interested parties. Some counties require publication of a notice, while others do not.

Weeks 3-8: Court Review

Processing varies significantly by county in 2025:

• Small counties (under 100,000 population): 1-3 weeks typical
• Medium counties: 3-5 weeks typical
• Large counties (Miami-Dade, Broward, Hillsborough, Orange, Palm Beach): 4-8 weeks typical

If the court finds deficiencies, expect an additional 1-2 weeks for corrections.

Weeks 8-16: Order and Distribution

Once the court enters the Order of Summary Administration:

• Use the order to claim assets from banks and financial institutions
• Transfer vehicle titles at the DMV
• Record the order if real estate is involved
• Distribute remaining assets to beneficiaries

Total time from filing to distribution in 2025 typically runs 6-12 weeks in most counties, with some taking up to 16 weeks.

No Creditor Claims Period

A key advantage of summary administration is that no formal creditor claims period applies. This saves the three months required in formal administration. However, creditors retain rights against beneficiaries who receive assets, so known debts should still be addressed.

Formal Administration: 6-14 Months in 2025

Formal administration is required when:

• The estate exceeds $75,000 (excluding homestead and exempt property)
• Summary administration is not elected for estates over two years old
• Complications require full court supervision

Florida Statutes Section 733.702 mandates a three-month creditor claims period, creating an unavoidable minimum timeline.

2025 Timeline Breakdown

Month 1: Opening the Estate

• Week 1-2: Gather documents, including the original will, death certificates, asset information, and beneficiary contact details
• Week 2-3: File Petition for Administration and pay the $401 filing fee
• Week 3-4: Court reviews petition and issues Letters of Administration

In 2025, most counties issue Letters within 2-3 weeks if the petition is complete and uncontested.

Month 1-2: Notice Requirements

Once appointed, the personal representative must:

• Publish Notice to Creditors in a local newspaper (runs once weekly for two consecutive weeks)
• Serve Notice of Administration on all beneficiaries and heirs within 20 days
• Open an estate bank account

The three-month creditor claims period starts from the first publication date.

Month 2-3: Inventory

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

• Date-of-death account valuations from financial institutions
• Real estate appraisals (formal appraisal or broker opinion)
• Vehicle valuations
• Personal property estimates

Months 2-5: Creditor Claims Period

This mandatory three-month period cannot be shortened. During this time:

• Receive and review claims from creditors
• Object to invalid claims within 30 days of receipt
• Manage estate assets and pay ongoing expenses
• Communicate with beneficiaries about progress

Months 5-8: Settling Claims and Taxes

After the creditor period ends:

• Pay valid claims in statutory priority order
• File the decedent's final income tax return
• File estate income tax return if the estate earned income
• Prepare the formal accounting

Months 8-12: Distribution and Closing

• File Petition for Discharge with final accounting
• Serve petition on all beneficiaries
• Allow time for consent or objections
• Distribute remaining assets
• Obtain receipts from beneficiaries
• Court enters Order of Discharge

Months 12-14: Complex Estates

Estates with real estate sales, tax complications, creditor disputes, or beneficiary conflicts often extend beyond 12 months. Some contested cases take two to three years.

2025 Attorney Requirement

Florida continues to require attorney representation for formal administration. The personal representative cannot represent the estate pro se in formal proceedings, even if they are an attorney themselves. Only certain narrow exceptions apply. Learn more about when legal help is necessary in our guide on whether you need a probate attorney in Florida and what probate attorney fees typically cost.

County-by-County Processing in 2025

Florida's 67 counties have different court staffing levels, caseloads, and procedures. Here is a general breakdown for 2025:

Faster Processing Counties

These counties typically process probate matters quickly due to lower volume or efficient systems:

• Most rural North Florida counties
• Panhandle counties (except Escambia)
• Central Florida counties outside Orlando metro
• Counties with dedicated probate judges

Expected timeline benefit: 2-4 weeks faster than average

Average Processing Counties

Mid-sized Florida counties with moderate caseloads:

• Duval (Jacksonville)
• Pinellas (St. Petersburg)
• Lee (Fort Myers)
• Brevard (Melbourne)
• Volusia (Daytona Beach)

These counties process at roughly the timelines listed above.

Slower Processing Counties

High-volume metro counties with significant backlogs:

• Miami-Dade County: Largest probate docket in Florida. Expect 4-8 weeks longer than average at each stage.
• Broward County: Second largest. Similar delays to Miami-Dade.
• Palm Beach County: Heavy caseload with growing population.
• Hillsborough County (Tampa): Large but has improved processing recently.
• Orange County (Orlando): High volume from tourism-related estates.

Expected timeline impact: 2-6 months longer than smaller counties for the same estate.

Finding Your County Information

Locate your county's clerk office, forms, and current procedures in our Florida probate directory. Each county page includes contact information, local filing requirements, and court addresses.

Factors That Extend Your 2025 Timeline

Even with efficient courts, certain issues add time to any probate:

Will Contests

If someone challenges the will's validity, expect 6-18 additional months. Contested probate requires:

• Court hearings on preliminary matters
• Discovery (depositions, document requests)
• Possibly a trial
• Potential appeals

Understanding Florida intestate succession rules becomes important when wills are contested, as the estate may ultimately pass according to state law rather than the will.

Real Estate Sales

Selling property through probate requires:

• Court authorization (petition and order)
• Title examination
• Marketing the property
• Closing coordination

Add 2-4 months for straightforward sales, longer if complications exist.

Missing Beneficiaries

When beneficiaries cannot be located, the personal representative must conduct a diligent search. This may include:

• Hiring professional search firms
• Publishing additional notices
• Seeking court instructions

Some estates cannot close until all beneficiaries are found.

Tax Complications

Complex tax situations delay closing:

• Federal estate tax returns (required for estates over $13.61 million in 2025)
• Waiting for IRS processing and closing letters
• Resolving audits or disputes
• Prior state tax issues if decedent moved from another state

Creditor Disputes

When creditor claims are disputed, litigation may follow. Creditors have 30 days after an objection to file a lawsuit, and that lawsuit can take months or years to resolve. For a complete guide to managing debts during probate, see our article on creditor claims in Florida probate.

How to Keep Your 2025 Probate on Schedule

Choose the Right Administration Type

If your estate qualifies for summary administration, use it. The three-month creditor period savings alone is worth pursuing. Take our free assessment to determine which type applies to your situation.

File Complete Documents

Rejected filings add weeks to your timeline. Common rejection reasons:

• Missing or incorrect signatures
• Wrong forms for your county
• Incomplete information
• Filing fee not included

Double-check everything before submitting, whether electronically or in person.

Track and Meet Every Deadline

Florida probate has strict deadlines under Florida Probate Rules:

• Filing the will: 10 days from learning of death
• Notice of Administration: 20 days from receiving Letters
• Inventory: 60 days from receiving Letters
• Creditor claim objections: 30 days from claim receipt

Our Florida probate deadlines guide provides a complete reference.

Respond to Court Requests Immediately

When the court requests additional information or corrections, respond within days rather than weeks. Delays in responding compound into longer overall timelines.

Work with Experienced Local Counsel

An attorney who regularly practices in your county's probate court knows the judges, clerks, and local procedures. They can anticipate issues, prepare proper filings, and keep your case moving. This is particularly valuable in high-volume counties where procedural efficiency matters.

Keep Beneficiaries Informed

Regular communication with beneficiaries reduces objections and disputes. When beneficiaries understand what is happening and why, they are less likely to file complaints that trigger hearings and delays.

Comparing 2025 to Prior Years

For context, here is how 2025 compares to recent years:

The primary improvement for 2025 is that courts have largely caught up from pandemic-era backlogs. Families filing now should see more predictable processing times than those who filed in 2021-2023.

Frequently Asked Questions

How long does Florida probate take in 2025?

Disposition without administration takes 1-3 weeks. Summary administration takes 1-4 months. Formal administration takes 6-14 months, with complex estates taking longer.

Did probate fees change in 2025?

Major filing fees remain the same as 2024. Some counties added small technology fees for electronic filing. Check your county clerk's current fee schedule.

Is the $75,000 summary administration threshold higher in 2025?

No. The threshold remains $75,000. While there has been discussion about increasing it, no legislation has passed as of January 2025.

Are Florida courts faster in 2025?

Most courts have cleared pandemic backlogs, so processing times have improved compared to 2021-2023. However, large metro counties still have longer processing times than smaller counties.

Can I avoid probate in 2025?

Yes, through proper estate planning. Revocable living trusts, beneficiary designations, joint ownership with right of survivorship, and lady bird deeds can all help avoid probate. See our guide on how to avoid probate in Florida.

What is the mandatory waiting period for formal probate?

The three-month creditor claims period under Florida Statutes Section 733.702 cannot be shortened. This creates a minimum timeline of about five to six months for formal administration.

Planning Ahead for 2025 Probate

If you anticipate handling a Florida probate this year:

1. Determine the probate type that applies based on estate value and assets
2. Gather documents early, including death certificates, financial statements, and beneficiary information
3. Check your county's procedures in our Florida directory
4. Use the fee calculator at Settled's fee calculator to estimate costs
5. Consult an attorney for formal administration matters

Understanding what to expect helps you plan financially and emotionally. While probate takes time, knowing the timeline lets you set realistic expectations with beneficiaries and manage the process effectively.

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Sources:

• Florida Statutes Section 28.2401 (Filing Fees)
• Florida Statutes Section 733.702 (Limitations on Presentation of Claims)
• Florida Statutes Section 735.201 (Summary Administration)
• Florida Statutes Section 735.301 (Disposition Without Administration)
• Florida Office of the State Courts Administrator
• Florida Courts E-Filing Portal

This guide reflects Florida probate procedures as of January 2025. Laws, fees, and procedures may change. Consult a Florida probate attorney for guidance on your specific situation.

Last updated: January 2026