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How Long Does Probate Take in Florida: Complete Timeline Guide
Florida probate takes six to twelve months under Formal Administration and one to three months under Summary Administration. Which timeline applies depends on the estate’s size, whether the decedent left a will, and how quickly the personal representative completes each required step. The sections below cover both timelines, what pushes a case toward the long end, and what keeps it on the short one. For a full walkthrough of every required filing, see our complete guide to Florida probate.
Florida’s Probate Timeline at a Glance
The table below compares how the two administration types unfold stage by stage.
| Stage | Formal Administration | Summary Administration |
|---|---|---|
| Petition filed with the court | Week 1 | Week 1 |
| Personal representative appointed or order issued | Weeks 2 to 4 | Weeks 2 to 4 |
| Notice to Creditors published | Within 30 days of appointment | Not required |
| Creditor claim period | 3 months from first publication | Does not apply; known creditors are paid directly |
| Inventory and asset administration | Months 2 to 6 | Does not apply; assets are listed in the initial petition |
| Estate closed and assets distributed | Months 6 to 12 | Months 1 to 3 |
Formal Administration Timeline: Six to Twelve Months from Petition to Closing
Formal Administration is Florida’s standard probate process for estates above $150,000 in non-exempt assets and for any estate that needs a court-appointed personal representative. Florida law requires whoever holds the original will to deposit it with the clerk of court within 10 days of learning of the death, and that filing starts the clock.
Once the court issues Letters of Administration, the personal representative has 60 days to file an inventory and must publish a Notice to Creditors within 30 days of appointment. That notice opens a mandatory three-month window for creditor claims, a period state law does not allow the personal representative to shorten. After claims are resolved and any required tax filings are complete, the estate can be closed. Uncontested cases with straightforward assets typically close in six to nine months; cases involving a real estate sale or business interests run closer to twelve. Our Formal Administration page covers what gets filed at each stage.
Summary Administration Timeline: One to Three Months for Estates Under $150,000
Summary Administration is available when the probate estate, excluding exempt homestead property, is worth $150,000 or less, or when the decedent has been deceased for more than two years. It is still a probate proceeding: the court still reviews the petition and signs an order before assets transfer. What it skips is the appointment of a personal representative and the extended creditor claim window.
With no personal representative to appoint and no mandatory three-month notice period, an uncontested petition can go from filing to a signed order in three to four weeks, with banks and title companies completing transfers within one to three months of filing, much of this timeline depends on the responsiveness of other heirs and the volume of cases with the court at any given time. Our Summary Administration page explains who can petition and what the court requires.
With a Will vs Without a Will: Why Intestate Cases Run Longer
When a valid will names an executor, the court appoints that person directly and the will’s terms govern distribution. There is no need to identify statutory heirs, which removes a step that can otherwise add weeks.
When someone dies intestate, without a will, Florida’s intestate succession statutes determine who inherits and in what order, starting with a surviving spouse and children. The court has to confirm that lineup before distributing assets, and a family tree with half-siblings, estranged relatives, or heirs who cannot be located right away extends that step. Intestate estates that qualify for Summary Administration still move on the one to three month track. It is Formal Administration intestate cases with disputed or hard-to-verify heirs that tend to land near the twelve-month end of the range.
What Delays a Florida Probate Case
- Disputes among beneficiaries or a will contest pause distribution until the court resolves them.
- A disputed creditor claim has to be objected to and, if not withdrawn, litigated before closing.
- Real estate, a business interest, or out-of-state property each carry their own closing timeline on top of probate’s.
- Missing or unresponsive heirs have to be located and formally notified before the estate can close.
- Outstanding tax filings, including a final income tax return and an estate tax return for larger estates, have to be resolved first.
How to Keep a Florida Probate Case Moving
The personal representative controls more of the pace than most families expect. Filing the petition and the will promptly, rather than spending weeks deciding who will serve, saves real time at the front end.
Gathering account numbers, deeds, and beneficiary designations before the first filing means the inventory can be finished close to the 60-day deadline instead of after it. Working with a flat-fee probate attorney also removes a common source of delay, since fees set in advance mean families do not pause the case to negotiate hourly billing. Our how much probate costs in Florida guide breaks down filing fees, publication costs, and attorney fees by administration type.
Location does not have to slow a case down. A personal representative living out of state or in a different Florida county can usually sign, file, and communicate with the court without an in-person courthouse visit.
Frequently Asked Questions About Florida Probate Timelines
What happens if I miss Florida’s 10-day deadline to deposit the will?
Missing the window does not forfeit the estate’s right to probate, but a court can order the will produced, and every day probate is delayed is a day the estate cannot access accounts that require Letters of Administration to unlock.
Do all Florida estates have to go through probate?
Not every asset does. Property held jointly with right of survivorship, accounts with a named beneficiary, and assets in a trust pass outside of probate. Anything titled solely in the decedent’s name still requires Formal or Summary Administration.
Can I sell estate property while probate is still open?
Real estate can usually sell during Formal Administration once the personal representative has authority under the Letters of Administration, though the closing typically needs to wait for the creditor period or a court order authorizing the sale.
Does having a minor beneficiary affect how long probate takes?
Florida courts commonly appoint a guardian ad litem to represent a minor’s interests, which adds a filing and review step that estates with only adult beneficiaries do not need.
Can probate be reopened after the estate is closed?
Yes. Florida allows a closed estate to be reopened if an asset is discovered later or a creditor with a valid claim was never properly notified, through a new petition to the same court.
Does living out of state slow down my Florida probate case?
Not on its own. An out-of-state personal representative can serve in most cases, and filings, notices, and attorney communication can be handled remotely for the large majority of Florida probate matters.
Do I need a lawyer to meet Florida’s probate deadlines?
Florida law requires an attorney for Formal Administration whenever the personal representative is not the estate’s sole beneficiary, and counsel tracking the inventory, creditor, and filing deadlines is what keeps most uncontested cases on the shorter end of the timeline.