How Long Does Probate Take in Florida — and Why It Takes That Long

Most formal probate administrations in Florida take roughly nine to eighteen months from the date the case is opened to the date the estate is closed and assets are distributed. Simpler estates that qualify for summary administration can wrap up in a matter of weeks, while contested or tax-heavy estates routinely stretch past two years. The single biggest reason the process cannot be rushed is a mandatory three-month creditor claim window that Florida law builds into every formal case.

If you have just been named personal representative — Florida’s term for an executor — that range probably feels frustratingly wide. It is. But once you understand which steps are fixed by statute and which depend on choices you and the court make along the way, the timeline stops looking like a black box. Below I walk through it the way I would for a client sitting across my desk in South Florida.

The two main types of Florida probate (and why type drives timing)

Before you can estimate how long anything will take, you have to know which procedural track the estate is on. Florida has two principal forms of probate, and the gap between them is enormous.

Summary administration: weeks, not months

Summary administration is Florida’s streamlined path for smaller or older estates. Under Florida Statutes § 735.201, an estate qualifies when the value of the property subject to administration (excluding exempt property such as the homestead) does not exceed $75,000, or when the decedent has been dead for more than two years — regardless of size. Note that the value threshold is scheduled to rise to $150,000 on July 1, 2026.

Because there is no appointed personal representative actively managing assets over time, summary administration can conclude in anywhere from two weeks to a couple of months once the petition is filed. There is no extended creditor period to wait out in the same way. For many families with a modest bank account and a homestead, this is the fastest, cheapest route.

Formal administration: the full timeline

Formal administration is what most people picture when they hear “probate.” It applies to estates above the summary threshold and to any estate that needs an empowered personal representative to sell property, run a business, pursue a lawsuit, or sort out contested claims. This is where the nine-to-eighteen-month range lives, and the rest of this article focuses on it.

The Florida probate timeline, step by step

Here is the typical sequence for a formal administration, with realistic durations. Your county’s clerk and judge set the local pace, and South Florida’s high-volume circuits — Miami-Dade, Broward, and Palm Beach — can add their own delays simply because of caseload.

1. Filing the petition and depositing the will (Weeks 1–4). The original will must be deposited with the clerk in the county where the decedent lived. The named personal representative petitions for administration. If the will is self-proved, no witness testimony is needed.
2. Appointment and Letters of Administration (Weeks 2–8). The judge signs an order appointing the personal representative and issues Letters of Administration — the document that actually authorizes you to act on the estate’s behalf. Nothing meaningful happens until you hold these Letters.
3. Notice to creditors (Months 1–4). You publish a Notice to Creditors in a local newspaper for two consecutive weeks and serve known or reasonably ascertainable creditors directly. This starts the clock that governs the whole case.
4. The creditor claim period (Months 1–4, running concurrently). This is the unavoidable three-month minimum, discussed in detail below.
5. Inventory and asset marshaling (Months 1–6). Within 60 days of issuance of Letters, you file an inventory listing estate assets and values. Gathering account statements, getting appraisals, and securing property happens here.
6. Paying claims, taxes, and expenses (Months 4–9). Once the claim window closes, you resolve valid claims, object to improper ones, and settle administrative costs and any taxes.
7. Final accounting and distribution (Months 6–12+). You prepare a final accounting, distribute assets to beneficiaries, obtain receipts, and petition for discharge. The order of discharge closes the estate.

Why probate takes as long as it does: the creditor period

If clients remember one thing from a consultation, I want it to be this: you cannot close a formal estate before the creditor period runs. Even a flawless, uncontested estate has a hard floor of several months built into it by statute.

Florida law gives creditors a window to file claims against the estate. Under the framework of Florida Statutes § 733.702 and § 733.2121, a creditor generally must file a claim on or before the later of three months after the first publication of the Notice to Creditors, or — for a creditor who was served directly — 30 days after the date of service. Separately, § 733.212 gives interested persons three months from service of the notice of administration to object to the will’s validity, the venue, or the court’s jurisdiction.

The personal representative cannot safely distribute everything and walk away until these windows have closed and any filed claims are resolved. Distributing too early exposes you to personal liability if a legitimate creditor surfaces. So even when the family is in complete agreement and the assets are simple, the case sits open for the duration of the claim period by design. This creditor-claim architecture is one area where Florida and New York diverge in the details, and out-of-state families often find it useful to compare how probate and estate administration works in New York when a decedent owned property in both states.

What slows a Florida probate down

Beyond the fixed creditor window, several recurring factors push estates toward the long end of the range — or well past it.

• Will contests and beneficiary disputes. A challenge to the will’s validity — undue influence, lack of capacity, improper execution — can add a year or more and convert administration into litigation. The mechanics of challenging a will mirror, in broad strokes, how a will is contested in New York, though Florida’s grounds and deadlines are governed by its own statutes.
• Federal estate tax. Estates large enough to owe federal estate tax must file IRS Form 706 and, in practice, often wait for a closing letter before final distribution. That alone can extend the case well beyond eighteen months.
• Real estate that has to be sold. Marketing time, inspections, and closing logistics are outside the court’s control and outside yours.
• Homestead determination. Florida’s constitutional homestead protections often require a separate court determination before the property can pass cleanly. It protects the family, but it adds a step.
• Missing or uncooperative beneficiaries. If an heir cannot be located or refuses to sign receipts, discharge stalls.
• Incomplete records. The single most common avoidable delay. If the personal representative cannot quickly produce account statements, deeds, and a clear list of assets, every downstream step slips.

What you can do to keep probate moving

As personal representative, you have real influence over the pace even though you cannot shortcut the statutory minimums. The estates that close fastest tend to share a few habits.

• Retain probate counsel early and gather documents before the first hearing. Note that in Florida, a personal representative in a formal administration is generally required to be represented by an attorney.
• Publish the Notice to Creditors promptly so the three-month clock starts as soon as possible — every week you delay is a week added to the back end.
• File the inventory within the 60-day deadline rather than treating it as an afterthought.
• Communicate with beneficiaries in writing and keep clean records of every expense and distribution.
• Resolve or formally object to creditor claims as they arrive instead of letting them pile up.

For South Florida families, working with a probate team that handles these filings daily is usually the difference between a nine-month case and a fifteen-month one. Our firm’s Florida probate practice exists to keep personal representatives on schedule and out of personal liability. You can also review our overview of Florida probate procedure or the role that a properly drafted will plays in avoiding delay on our wills page. If you are ready to talk through a specific estate, reach out for a consultation.

The bottom line on Florida probate timing

Plan for nine to eighteen months for a typical formal administration, a few weeks to a couple of months for summary administration, and potentially years for a contested or taxable estate. The creditor claim period is the non-negotiable floor; everything else — disputes, taxes, real estate, recordkeeping — determines whether you finish near the bottom of the range or far above it. Knowing which category your estate falls into is the first step toward a realistic timeline and a smoother administration.

Frequently Asked Questions

What is the shortest time probate can take in Florida?

Summary administration, available for estates under the statutory value threshold (currently $75,000, rising to $150,000 on July 1, 2026) or when the decedent has been dead more than two years, can conclude in as little as two weeks to a couple of months. Formal administration cannot close that quickly because of the mandatory creditor claim period.

Why does Florida probate have a mandatory waiting period?

Florida law gives creditors time to file claims against the estate. Under Florida Statutes Sections 733.702 and 733.2121, a creditor generally must file within three months of the first publication of the Notice to Creditors, or 30 days after direct service if later. The personal representative cannot safely distribute the estate until that window closes, which creates a several-month floor on every formal case.

What makes a Florida probate take longer than a year?

The most common causes are will contests and beneficiary disputes, federal estate tax filings, real estate that must be sold, homestead determinations, missing or uncooperative heirs, and incomplete financial records. Any one of these can push an estate past 18 months.

Does the personal representative need a lawyer in Florida?

In most formal administrations, yes. Florida generally requires the personal representative to be represented by an attorney, except in very limited circumstances such as when the personal representative is the sole interested person. Summary administration has narrower requirements, but counsel is still common.

Can I speed up Florida probate as the executor?

You cannot shorten the statutory creditor period, but you can avoid self-inflicted delay: retain counsel early, publish the Notice to Creditors promptly, file the inventory within the 60-day deadline, keep clean records, and resolve creditor claims as they come in. These habits often turn a 15-month case into a 9-month one.

For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles New York probate and estate administration.