Florida Probate Timeline: How Long Does Probate Take?

The most common question executors ask after a Florida death: how long will this take? The honest answer is that formal administration rarely closes in under six months, and twelve to eighteen months is common for estates with real estate, creditor claims, or any complexity. That timeline is not arbitrary — it is driven by statutory deadlines that cannot be shortened without court intervention.

The 10-Day Will Deposit Rule

Before probate even begins, the original Last Will and Testament must be deposited with the Clerk of Court in the county where the decedent resided. Florida Statute §732.901 sets the deadline at 10 days from receiving notice of death.

This deadline is frequently missed because families are focused on the funeral and immediate arrangements. The consequences are not criminal, but failing to deposit the will on time creates complications: it can raise questions about the will's validity, and in counties like Collier, which requires physical in-person delivery to the Naples courthouse, a delayed deposit can push the entire probate initiation back weeks.

Weeks 1–8: Petition, Appointment, and Letters

After the will is deposited, the attorney prepares and files the Petition for Administration, the Oath of Personal Representative, and the Affidavit of Criminal History. Courts typically take between two and eight weeks to process the petition and issue Letters of Administration — the formal document that authorizes the personal representative to act on the estate's behalf.

The docket speed varies significantly by county. Miami-Dade, Broward, and Palm Beach handle high volumes and have structured e-filing systems that can move efficiently. Orange County uses Webex hearings, which reduces scheduling delays. Hillsborough County Division A operates entirely paperless. Collier County still requires some physical filings, which adds time for out-of-state executors.

Day 1 After Letters: The Creditor Clock Starts

The moment Letters of Administration are issued, the personal representative must publish a "Notice to Creditors" in a local newspaper of general circulation — once a week for two consecutive weeks. This starts the formal creditor claims window.

General unsecured creditors have three months from the date of first publication to file a Statement of Claim with the probate court.

Known creditors who are served directly with the Notice must file within 30 days of service, or three months from first publication, whichever is later.

This three-month window is the single largest driver of probate duration. Until it closes — and until all filed claims are either paid, settled, or objected to — the estate cannot make final distributions to beneficiaries. Attempting to distribute early exposes the personal representative to personal liability if a valid creditor claim surfaces afterward.

60 Days After Letters: Verified Inventory

Within 60 days of the issuance of Letters of Administration, the personal representative must file a Verified Inventory with the court. This document lists every probate asset at fair market value as of the date of death.

For estates with real estate, this means obtaining a professional appraisal promptly — not as an afterthought after the creditor window closes. The appraisal establishes both the inventory value for the court and the stepped-up basis for federal capital gains purposes. Waiting too long to commission an appraisal risks the IRS challenging the basis calculation later.

Month 4 and Beyond: Claims Resolution

After the creditor window closes, the personal representative evaluates each claim:

• Valid claims are paid from estate assets in the priority order set by Florida Statute §733.707
• Disputed claims receive a formal written objection from the personal representative
• A creditor who receives an objection has 30 days to file an independent civil lawsuit to prove the debt, or the claim is barred

During this phase, the estate's CPA is filing the decedent's final Form 1040 (due April 15 of the year following death) and assessing whether a fiduciary income tax return (Form F-1041 for federal; Florida Form F-1041 if the estate has Florida-source income) is required.

Final Accounting and Discharge

Once all claims are resolved and all tax filings are complete, the personal representative files a Final Accounting and Petition for Discharge. Beneficiaries must sign receipts acknowledging the distributions. The court reviews the accounting, holds a hearing if there are objections, and issues an Order of Discharge.

Total timeline: 6 to 12 months for a straightforward formal administration. Contested estates, insolvent estates, or estates with complex assets routinely run 18 to 36 months.

The Two-Year Absolute Bar

Florida Statute §733.710 provides one strategic tool for heavily indebted estates: all unsecured creditor claims are absolutely barred two years from the date of death, regardless of whether probate was ever filed or whether a creditor was notified.

For estates where liabilities may exceed assets, waiting out the two-year bar before initiating probate can legally extinguish creditor claims that would otherwise consume most of the estate. This is a legitimate strategy — but it requires careful timing, because the estate's real estate cannot be transferred or sold without completing the probate process.

The 2026 CS/SB 1500 Changes

Effective July 1, 2026, Florida's probate reform law (CS/SB 1500) doubled the summary administration threshold from $75,000 to $150,000 in non-exempt probate assets. Summary administration, which does not require a formal personal representative appointment and moves significantly faster, is now available to a much larger share of Florida estates.

For deaths occurring on or after July 1, 2026, if the non-exempt probate assets are under $150,000 — or if the decedent has been dead for more than two years, regardless of estate size — summary administration becomes an option. Exempt assets (homestead property, life insurance, joint accounts with right of survivorship) do not count toward this cap.

Florida's probate timeline is statutory and not negotiable, but understanding the schedule in advance means no surprises and fewer missed deadlines. The Florida Final Tax & Estate Tax Guide includes a complete deadline tracker, county-specific filing requirements, and a step-by-step workflow for every phase of formal administration.

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