How Long Does Probate Take in Florida?
Updated September 2026
by Thomas C. Walser, Probate Attorney (40+ Years of Experience)
After losing a loved one, families often want to know how long it will take to settle the estate and distribute the remaining assets. One of the most common questions we hear is: How long does probate take in Florida?
There is no single timeline that applies to every estate. How long probate takes depends on the type of administration, the assets involved, creditor claims, taxes, real estate, family disputes, and how quickly the necessary information can be gathered.
Florida recognizes both Formal Administration and Summary Administration, and the process can look very different depending on which type applies. Probate itself is the court-supervised process of identifying and gathering a deceased person's probate assets, addressing debts, and distributing remaining assets to beneficiaries. (Florida Courts)
At Walser Law Firm, we have more than 40 years of experience helping families throughout Florida navigate probate. Below is a step-by-step look at the Florida probate timeline and some of the issues that can make an estate take longer to settle.
How Long Does Probate Usually Take in Florida?
The answer depends heavily on the estate.
A relatively straightforward estate may move through probate more efficiently, while a complicated estate can take considerably longer. There is no guaranteed completion date because some portions of probate depend on court schedules, creditors, financial institutions, tax matters, property sales, and other parties.
Factors that can affect the timeline include:
- Whether Formal or Summary Administration applies
- The number and type of probate assets
- Whether the original will can be located
- How quickly beneficiaries and heirs can be identified
- Creditor claims
- Real estate that must be transferred or sold
- Tax issues
- Business interests
- Disputes among beneficiaries
- Challenges to the will
- Litigation involving the estate
Understanding the major stages of probate can make the timeline easier to follow.
Step 1: Locate the Will and Important Estate Documents
One of the first steps after someone dies is gathering the documents needed to determine how the estate should be administered.
Important documents may include:
- The original Last Will & Testament
- Trust documents
- Death certificates
- Bank and investment statements
- Real estate deeds
- Life insurance information
- Retirement account information
- Tax returns
- Vehicle titles
- Information about outstanding debts
Locating these documents early can help prevent delays once probate begins.
Step 2: Determine Which Assets Actually Require Probate
Not everything a person owns necessarily becomes part of the probate estate.
Florida Courts explains that probate generally applies to assets owned solely by the deceased person or assets co-owned without a provision for automatic succession at death. (Florida Courts)
Assets that may pass outside probate include, depending on how they are structured:
- Life insurance with a valid beneficiary
- Retirement accounts with beneficiaries
- Payable-on-Death (POD) accounts
- Transfer-on-Death (TOD) accounts
- Certain jointly owned property with survivorship rights
- Assets properly held in a Revocable Living Trust
- Florida real estate subject to certain probate-avoidance arrangements
Determining which assets are probate assets can significantly affect the scope of the estate administration.
Step 3: Open the Probate Estate
Probate proceedings are generally filed with the clerk of the circuit court in the county where the deceased person lived at the time of death. (Florida Courts)
The documents required will depend on the estate and the type of administration.
In a Formal Administration, the court may appoint a Personal Representative to administer the estate.
The Personal Representative may then be responsible for duties such as:
- Identifying and protecting estate assets
- Gathering financial information
- Communicating with beneficiaries
- Addressing creditor claims
- Paying appropriate estate expenses
- Handling tax matters
- Distributing property when legally appropriate
This person has important fiduciary responsibilities throughout the probate process.
Step 4: Identify and Protect Estate Assets
Once probate is underway, the estate's assets must be identified and appropriately protected.
Depending on the estate, this may involve:
- Bank accounts
- Investment accounts
- Real estate
- Vehicles
- Business interests
- Valuable personal property
- Refunds or money owed to the deceased person
Real estate can require particular attention because mortgage payments, property taxes, homeowners insurance, maintenance, and association fees may continue while probate is pending.
Good organization at this stage can help prevent problems later.
Here is how to decipher probate vs non-probate assets!
Step 5: Notify Creditors
Creditor administration is one reason Florida probate cannot always be completed immediately.
Under Florida law, a Personal Representative generally must publish a Notice to Creditors and provide notice as required to known or reasonably ascertainable creditors. (Online Sunshine)
For many claims arising before death, Florida law provides a deadline that is generally the later of three months after the first publication of the Notice to Creditors or, for a creditor required to receive a copy of the notice, 30 days after service. Exceptions and additional rules can apply. (Online Sunshine)
Because of this creditor period, even an otherwise straightforward Formal Administration generally cannot simply be opened and closed immediately.
Step 6: Review and Address Creditor Claims
Not every claim filed against an estate should automatically be paid.
The Personal Representative and probate attorney may need to determine whether claims are:
- Valid
- Timely
- Properly documented
- Disputed
- Entitled to payment from estate assets
Florida law establishes procedures governing creditor claims and their payment. (Online Sunshine)
Creditor disputes can extend the probate timeline, particularly if litigation becomes necessary.
Step 7: Handle Taxes and Other Financial Obligations
Before an estate can be completely distributed, certain financial matters may need to be addressed.
Depending on the estate, these can include:
- The deceased person's final income tax return
- Estate income tax returns
- Property taxes
- Valid creditor claims
- Administration expenses
- Professional fees
More complicated tax matters can add time to the probate process, particularly when an estate contains businesses, investments, or other complex assets.
Step 8: Sell or Transfer Real Estate, If Necessary
Real estate is often one of the largest assets in a Florida probate estate.
Depending on the circumstances, a house may:
- Pass to beneficiaries
- Be sold during the probate process
- Be subject to a mortgage
- Qualify for Florida homestead protections
- Pass outside probate because of the way it was titled or planned
If property must be sold, the sale itself can affect how quickly the estate can be completed.
Issues involving multiple beneficiaries, liens, mortgages, repairs, or disagreements about whether to sell can create additional delays.
Step 9: Distribute the Remaining Estate
Once appropriate debts, expenses, taxes, and other estate matters have been addressed, the remaining property can generally be distributed according to the will or, when there is no valid will, Florida's intestacy laws.
One of the most important mistakes a Personal Representative should avoid is distributing estate assets too early.
Making premature distributions can create problems if a creditor, tax obligation, or other estate expense later needs to be paid.
Step 10: Close the Estate
The final stage is completing the necessary steps to close the probate estate and discharge the Personal Representative.
Before the estate can be fully closed, the administration generally needs to be completed, including appropriate distributions and resolution of outstanding matters.
Once those requirements have been satisfied, the Personal Representative can seek discharge and the probate proceeding can conclude.
Is Summary Administration Faster Than Formal Administration?
Often, Summary Administration can be a more streamlined process, but whether an estate qualifies depends on Florida law.
A major change took effect in 2026. Under the current Florida statute, Summary Administration may be available when the value of the estate subject to administration in Florida—less property exempt from creditor claims—does not exceed $150,000, or when the deceased person has been dead for more than two years, assuming the other statutory requirements are satisfied. (Online Sunshine)
That is an important change because the previous statutory threshold was $75,000.
Unlike Formal Administration, Summary Administration can allow the court to enter an order distributing qualifying estate assets without the same ongoing administration structure. Before the order, however, the petitioner must make a diligent search and reasonable inquiry for known or reasonably ascertainable creditors and make appropriate provision for them to the extent assets are available. (Online Sunshine)
Not every smaller estate is automatically simple, so eligibility should be evaluated based on the specific circumstances.
For more information on the difference between Summary and Formal Administration can be found here: Summary vs. Formal Administration
What Can Delay Probate in Florida?
Some probate cases take longer because issues arise that must be resolved before the estate can close.
Common causes of probate delays include:
Missing or Contested Wills
If the original will cannot be located or someone challenges its validity, additional court proceedings may be required.
Family Disputes
Disagreements among beneficiaries can delay decisions about distributions, real estate, Personal Representative actions, and other estate matters.
Creditor Claims
Disputed or complicated creditor claims may extend the administration.
Real Estate
Selling a home, clearing title issues, determining homestead status, or resolving disagreements among heirs can take additional time.
Difficult-to-Locate Beneficiaries
Probate may be delayed when heirs or beneficiaries cannot easily be found.
Tax Problems
Incomplete tax records, unpaid taxes, or complicated assets may require additional work.
Complex Assets
Business interests, multiple properties, unusual investments, and assets located outside Florida may make administration more complicated.
Personal Representative Issues
A Personal Representative who fails to complete required duties promptly can also contribute to unnecessary delays.
Can You Speed Up Probate in Florida?
Families cannot eliminate every waiting period or control the court's schedule, but good preparation can help avoid unnecessary delays.
Helpful steps include:
- Locating the original will promptly
- Gathering financial records early
- Obtaining sufficient certified death certificates
- Identifying assets and debts
- Providing accurate beneficiary information
- Responding promptly to requests from the probate attorney
- Maintaining organized records
- Avoiding premature distributions
- Addressing real estate and creditor issues early
Estate planning completed before death can also make administration significantly easier for surviving family members.
Does Probate Take Longer If There Is No Will?
It can.
Dying without a will does not eliminate probate. Instead, Florida's intestacy laws determine who is entitled to inherit probate property.
Additional work may sometimes be required to identify heirs and determine their legal interests.
Having a properly prepared estate plan can provide clearer instructions about who should receive property and who should administer the estate.
Can Beneficiaries Receive Money Before Probate Is Finished?
Sometimes distributions may occur before the estate is formally closed, but Personal Representatives should be cautious.
Before making distributions, the estate may need sufficient assets available for:
- Valid creditor claims
- Taxes
- Administration expenses
- Professional fees
- Other estate obligations
Distributing too much too early can potentially create problems for the Personal Representative and beneficiaries.
Frequently Asked Questions About the Florida Probate Timeline
How long does probate take in Florida?
There is no single timeline for every Florida probate case. The length of probate depends on the type of administration, creditor issues, assets, taxes, real estate, beneficiary disputes, and other circumstances.
Is there a waiting period for creditors in Florida probate?
Florida law generally gives many creditors until the later of three months after first publication of the Notice to Creditors or 30 days after required service of the notice to file a claim, subject to statutory exceptions and other rules. (Online Sunshine)
Is Summary Administration faster?
It can be. Summary Administration is designed as a more streamlined alternative for qualifying estates. In 2026, Florida increased the applicable estate-value threshold to $150,000, excluding property exempt from creditor claims; an estate may also qualify when the decedent has been dead for more than two years, subject to the statute's other requirements. (Online Sunshine)
Can probate take more than a year?
Yes. Complicated estates involving litigation, creditor disputes, difficult tax matters, real estate issues, or disagreements among beneficiaries can take longer to resolve.
Does having a will make probate faster?
A clear and valid will can help establish the deceased person's wishes, but having a will does not eliminate probate or guarantee a particular timeline.
Can probate be avoided completely?
Certain assets can pass outside probate through properly structured estate planning. Trusts, beneficiary designations, survivorship ownership, and other strategies may reduce the assets requiring probate, depending on the circumstances.
Why Families Choose Walser Law Firm for Florida Probate
Probate can feel overwhelming, particularly when a family is also dealing with the loss of a loved one.
For more than 40 years, Walser Law Firm has helped families navigate Florida probate and estate planning.
Led by Thomas C. Walser, a former CPA with a Master's Degree in Estate Planning, our firm has handled more than 4,000 probate matters, including over 1,000 Summary Administration cases. Our probate paralegals have more than 50 years of combined experience, and we assist families with probate matters throughout all 67 Florida counties.
Whether you need to open an estate, determine whether Summary Administration is available, address creditor claims, transfer property, or understand how long the probate process may take, our team can help.
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