Probate Timeline Florida: How Long Each Step Takes

How Long Does Probate Take in Florida?

Formal administration in Florida typically takes 6 to 12 months. Summary administration — available when the value of the estate subject to administration, less property exempt from creditor claims, does not exceed $75,000, or when the decedent has been dead for more than two years — can close in 4 to 8 weeks. Complex or contested estates regularly exceed 18 months.

In formal administration, the creditor claim period generally runs at least three months from the first publication. A creditor required to receive individual notice has until 30 days after service if that is later.

Florida Probate Tracks

Florida offers two main probate paths:

• Summary administration: when the value of the estate subject to administration, less property exempt from creditor claims, does not exceed $75,000, or when the decedent died more than two years ago. No personal representative is appointed. The court issues an order of summary administration, and institutions release assets directly to beneficiaries.
• Formal administration: for everything else. The court appoints a personal representative who manages the estate through the full probate process.

A third option — disposition without administration — applies when the estate holds only enough to cover funeral expenses and last-illness medical bills, with nothing left for creditors or beneficiaries.

Key Florida Probate Deadlines

Month-by-Month Walkthrough

Weeks 1–2: Filing the petition. The personal representative (or their attorney) files the petition for administration with the circuit court in the county where the deceased lived. Florida requires the original will. The statutory clerk fee for formal administration is capped at $395; confirm any additional applicable charges with the clerk.

Weeks 2–4: Court appointment. After filing, the court reviews the petition and issues Letters of Administration. A nonresident may serve as personal representative only if they meet one of the relationship categories listed in Florida Statutes § 733.304; a nonresident outside those categories cannot qualify. In busy circuits like Miami-Dade, Broward, and Hillsborough, appointment can take 3 to 5 weeks.

Month 1–2: Publish notice to creditors. The personal representative publishes a notice to creditors in a local newspaper once a week for two consecutive weeks. This starts the three-month creditor claim clock. The representative must promptly serve individual notice on known or reasonably ascertainable creditors.

Months 2–3: Inventory and marshal assets. File the inventory within 60 days after issuance of Letters of Administration. Identify all assets — bank accounts, real estate, vehicles, brokerage accounts, personal property. Florida homestead is subject to constitutional devise restrictions: if the owner is survived by a spouse or minor child, it generally cannot be devised by will, subject to the exception allowing devise to a spouse when there is no minor child.

Months 3–5: Creditor claim period and resolution. The filing deadline for creditors' claims is generally three months from first publication, or 30 days after service on a creditor required to receive notice, whichever is later. A personal representative or other interested person may object to a timely claim by the later of four months after first publication or 30 days after the claim is filed or amended. Pay valid claims in Florida's statutory priority order: administration costs first, funeral expenses (up to $6,000) second, then federally preferred debts and taxes, followed by the other statutory classes.

Months 5–9: Tax clearance and asset distribution. File the decedent's final federal income tax return and any state returns required because of income or residence in another state. Florida has no state income tax on individuals and no state estate tax, which simplifies this step compared to states like New York or Massachusetts. For a decedent who dies in 2026, IRS Form 706 is generally required when the gross estate plus adjusted taxable gifts and any specific gift tax exemption exceed $15 million. The IRS issues an estate-tax closing letter only upon request.

Months 9–12 or later: Final accounting and discharge. File a final accounting with the court, showing all receipts, disbursements, and distributions. Obtain receipts from beneficiaries and petition the court for discharge. Once the court enters the order of discharge, the estate is closed.

What Slows Florida Probate Down

• Homestead complications: if the deceased owned Florida homestead property and had minor children or a surviving spouse, the property's disposition is controlled by the Florida Constitution, not the will — disputes over homestead status are common and require separate court proceedings
• Ancillary probate: Florida residents who owned real property in other states (or out-of-state residents with Florida property) need ancillary probate in each state, adding 3 to 6 months
• Will contests: objections to the validity of the will must be filed within three months after service of the notice of administration; litigation itself can take 12+ months
• Elective share claims: a surviving spouse may elect a statutory share equal to 30% of the elective estate — this triggers appraisals and negotiations

Notifications Beyond the Published Notice

The published creditor notice is a legal formality that reaches unknown creditors. Known creditors — mortgage companies, credit card issuers, medical providers, utility companies — must each receive individual written notice. Beyond creditors, you need to notify the Social Security Administration, banks, insurance companies, the IRS, credit bureaus, the DMV, and dozens of other institutions.

Each institution has its own requirements for what documents to send, what forms to complete, and who to contact. The Notifying Everyone — Master Template Kit includes ready-to-send notification letters, tracking checklists, and phone scripts for every institution type so you can work through the list systematically.

Actions That Do Not Require Probate

Some assets pass to beneficiaries automatically, regardless of probate:

• Life insurance proceeds paid to a named beneficiary
• Retirement accounts (401(k), IRA) with a designated beneficiary
• Payable-on-death and transfer-on-death accounts
• Assets held in a revocable living trust
• Jointly held property with right of survivorship

If all assets fall into these categories, formal probate may not be necessary. Summary administration or disposition without administration may suffice for any remaining items.