How long does probate take in florida is one of the first questions families ask after a funeral, and the honest answer depends on which of Florida’s probate paths your loved one’s estate follows. Florida offers a short path and a long path. Summary administration can wrap up in a few weeks. Formal administration usually runs six months to a year, and sometimes longer.
The good news is that Florida law sets clear deadlines, so the process is not a mystery. Probate simply means the court-supervised process of paying a person’s final debts and transferring what they owned to the right people. If you know the deadlines, you can plan around them. This guide walks through the timeline step by step.
How long does probate take in florida for each type of case
Florida has three main options. The fastest is “disposition without administration” under Fla. Stat. § 735.301. It applies only to very small estates with no real estate, where the assets are worth no more than the funeral bill and the final 60 days of medical costs. Many counties handle these in two to six weeks.
Next is summary administration. Under Fla. Stat. § 735.201, an estate qualifies if the non-exempt assets subject to Florida probate are worth $75,000 or less, or if the person has been dead for more than 2 years. There is no personal representative appointed. In most cases, families see an order of distribution in one to three months.
Last is formal administration, used for most estates over $75,000. The court appoints a personal representative (Florida’s word for executor). Typically this takes 6 to 12 months. Contested cases, estate tax returns, or a house that must be sold can push it past two years.
The deadlines that decide how long does probate take in florida
Florida law builds the calendar for you. The single biggest driver is the creditor claim window. Under Fla. Stat. § 733.702, creditors have 3 months from the first newspaper publication of the notice to creditors to file a claim. A creditor who must be served directly gets 30 days from that service, if that date is later. The estate generally cannot close before that window shuts.
Here are the deadlines that shape a typical formal administration:
| Step | Florida deadline | Source |
|---|---|---|
| Deposit the original will with the clerk | 10 days after learning of the death | § 732.901 |
| File inventory of estate assets | 60 days after letters are issued | Fla. Prob. R. 5.340 |
| Creditor claims (published notice) | 3 months from first publication | § 733.702 |
| Creditor claims (served creditor) | 30 days after service | § 733.702 |
| Object to the will’s validity | 3 months after notice of administration | § 733.212(3) |
| Surviving spouse elective share | 6 months after notice, or 2 years after death | § 732.2135 |
| Final accounting and petition for discharge | 12 months after letters issued | Fla. Prob. R. 5.400 |
| Absolute bar on unknown claims | 2 years after death | § 733.710 |
Rule 5.400 is the key one. It says the final accounting and petition for discharge must be filed within 12 months after letters are issued, unless a federal estate tax return is required or the court extends the time. That is why one year is the common answer when people ask how long does probate take in florida.
What actually makes a Florida probate run long or short
Some delays are unavoidable. Others are not. Real estate is the most common cause. If the estate must sell a home, the case waits on the buyer, not the court. Out-of-state property triggers a separate ancillary administration under Fla. Stat. § 734.102, which adds months.
Family disagreements matter too. A will contest, a fight over homestead property, or a spouse claiming the elective share can turn a nine-month case into a multi-year one. Taxes rarely slow things down, however. Florida has no state estate tax and no inheritance tax. Only very large estates file a federal Form 706, and for deaths in 2026 the federal exemption is $15 million per person.
Costs follow a schedule, which helps you budget. Under Fla. Stat. § 733.6171, attorney fees are presumed reasonable at $1,500 for the first $40,000 of estate value, plus 3% of value between $100,000 and $1 million. The personal representative may take 3% of the first $1 million under § 733.617.
Calm next steps you can take this week
Start by locating the original will and depositing it with the circuit court clerk in the county where the person lived. That 10-day clock under § 732.901 starts when you learn of the death. Then list the assets and check the titles. Anything with a named beneficiary, a payable-on-death tag, or joint ownership with survivorship usually skips probate entirely.
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Next, add up the non-exempt assets. If the total is $75,000 or less, ask about summary administration. That one question can cut months off your answer to how long does probate take in florida. Florida generally requires an attorney for formal administration under Fla. Prob. R. 5.030, but summary cases are simpler.
Finally, be patient with the three-month creditor window. It cannot be skipped, and rushing it can leave the estate exposed. Many families use that time to gather statements, appraisals, and tax records. Check with your county clerk’s self-help office or a licensed Florida attorney for your specific situation.
Frequently Asked Questions
How long does probate take in florida if there is no will?
Dying without a will is called dying “intestate.” However, the timeline is usually the same, because Florida’s intestacy statute (§ 732.102) simply decides who inherits. In most cases, the delay comes from identifying and locating heirs, not from the missing will.
Can beneficiaries get money before probate ends?
Sometimes, yes. A judge may allow a partial distribution or a family allowance of up to $18,000 under § 732.403. Typically, though, the personal representative waits until the creditor period closes.
Does a small estate really finish in weeks?
It can. Summary administration has no inventory, no accounting, and no personal representative, so the court order often comes within 30 to 90 days of filing. As a result, families with estates under $75,000 usually get the shortest answer to how long does probate take in florida.
Where to Get Help Right Now
If you are settling an estate, you do not have to figure this out alone. Start with these free resources:
- Your state probate court self-help center — free official forms and step-by-step instructions for your county. Search “[your state] probate court self-help”.
- Free legal aid: LawHelp.org connects you with no-cost legal help if money is tight.
- Read your state’s full guide: Probate by State · Dying Without a Will by State · Small Estates by State
Sources & How to Verify
This guide is built from official sources. Always confirm the exact figure for your state:
- IRS — Estate & Gift Tax: irs.gov
- USA.gov — What to do when someone dies: usa.gov/death
- Uniform Law Commission (probate): uniformlaws.org
- Cornell Legal Information Institute: law.cornell.edu
- Your state’s probate court self-help portal and revenue department for the current statute and dollar figures.
Verified August 2026. Estate figures change — if you spot anything outdated, please contact us.
Related Guides
- Probate by State
- Dying Without a Will by State
- Small Estates & Avoiding Probate by State
- Plain-English Estate Glossary
Disclaimer. This page is for general information only and is not legal or tax advice. Wills, probate, and estate-tax rules vary by state, county, and situation, and change over time. We are not a law firm, tax advisor, or financial planner, and we assume no liability for accuracy or completeness. For your specific situation — especially an active probate or a tax deadline — verify with your state’s court, statute, revenue department, or a licensed attorney in your state.