How Long Does Probate Take in Florida?

Florida probate can close in as little as one month or stretch beyond three years. The difference depends almost entirely on which type of probate applies to the estate and what complications arise along the way.

If you're an heir wondering when you'll receive your inheritance, or a personal representative trying to understand what's ahead, this page gives you realistic Florida-specific timelines, not national averages that don't apply here.

Florida vs. the National Average

Nationally, how long probate takes varies widely from state to state. Some states have limited procedural options, slow-moving probate courts, or no simplified process for smaller estates. The length of probate in those states reflects those structural limitations.

Florida is different. The Florida Probate Code (Chapters 731 through 735, Florida Statutes) creates two distinct administration tracks. One is specifically designed to move quickly for qualifying estates. Even for estates that require the full court process, Florida's procedures are well-defined and, when followed correctly, give the process a clear structure.

That said, "faster" doesn't mean fast. Florida's mandatory creditor claim window sets a minimum timeline for any estate going through formal administration, regardless of how straightforward everything else is.

The Two Florida Probate Tracks

Summary Administration Usually Takes One to Three Months

Summary Administration is Florida's expedited probate process. An estate qualifies if the non-exempt assets subject to probate are valued at $150,000 or less, or if the decedent has been deceased for more than two years.

There is no Personal Representative appointed in Summary Administration. Instead, interested parties file a petition directly with the court asking it to order distribution of assets. Because there is no formal appointment process and typically no creditor publication period, the court can issue an order in weeks rather than months.

In practice, how long probate court takes under Summary Administration depends on the specific circuit and the court's current docket. In Broward County's 17th Judicial Circuit, which serves the 33324 area, an order can issue in a matter of weeks once the petition is complete and filed. If the petition has deficiencies or requires a hearing, that adds time.

Summary Administration is efficient, but not every estate qualifies, and the $150,000 threshold catches people off guard. It applies only to assets that go through probate, not the full estate value. Assets held in trust, accounts with named beneficiaries, and jointly titled property pass outside of probate entirely and do not count toward that limit.

Formal Administration Usually Takes Six to Twelve Months

Formal Administration is the standard court-supervised probate process required for estates that do not qualify for Summary Administration.

The Personal Representative (sometimes called an executor in other states) is the individual appointed by the court to manage and close the estate. Their first task is obtaining Letters of Administration, the court-issued document that gives them legal authority to act on behalf of the estate. Banks, financial institutions, and title companies require Letters of Administration before releasing or transferring assets.

Here is how the timeline typically unfolds in a straightforward Formal Administration:

Filing the Petition and Appointing the Personal Representative

Once a petition is filed and the court reviews it, Letters of Administration are issued. In Broward County's 17th Judicial Circuit, how long this step takes depends on the court's current docket volume.

Publishing Notice to Creditors and the Three-Month Creditor Window

This is the step that sets the minimum timeline for how long it takes to probate an estate in Florida.

Under Florida Statutes § 733.702, once the Personal Representative publishes the Notice to Creditors in a local newspaper, creditors generally have three months from the date of first publication to file claims against the estate. This statutory window is fixed, and the Personal Representative generally cannot complete the administration until it has run.

For known or reasonably ascertainable creditors, the Personal Representative must also serve direct written notice, which gives those creditors until the later of three months after first publication or 30 days after the date of service to file a claim.

This mandatory three-month probate period after death of publication is one of the most misunderstood parts of the Florida process. Even when an estate has no debts, the Personal Representative generally waits for the window to run its course before completing the administration and filing a final accounting and petition for discharge.

Asset Inventory, Valuation, and Management

During the creditor window, the Personal Representative is required to prepare and file a formal inventory of probate assets. For straightforward estates with bank accounts and personal property, this is manageable. For estates involving real estate, business interests, or investment portfolios, valuation can take additional months and may require appraisals.

Final Accounting and Discharge

After creditor claims are resolved and assets are accounted for, the Personal Representative files a final accounting and a petition for discharge. The court reviews these documents, and if no objections are raised, issues an order of discharge closing the estate.

From petition to discharge, a clean Formal Administration in Florida typically runs six to twelve months. Most of that time is consumed by the creditor window, court scheduling gaps, and the back-and-forth of asset transfers.

How Long It Takes to Probate a Will vs. an Estate Without One

How Long Does It Take to Probate a Will in Florida?

When a person dies with a valid will (called dying testate), the court admits the will to probate and the Personal Representative named in the will is appointed. The process moves forward under the decedent's stated wishes, which reduces ambiguity and typically keeps the administration on track.

Dying Without a Will Adds Two to Four Months

When there is no will, Florida's intestate succession rules under Chapter 732 govern who inherits. The court must determine heirs, which sometimes requires genealogical research, affidavits from family members, and additional hearings to establish who qualifies.

This adds procedural steps that are simply not required in a testate estate. Realistically, intestate estates in Florida run two to four months longer than comparable testate cases, all else being equal.

What Makes Probate Take Longer

Real Estate in the Estate

Real property cannot be transferred until the court has authorized the Personal Representative to act. If the estate includes a house that needs to be sold, the timeline expands to accommodate listing, negotiating, and closing a real estate transaction while the probate remains open.

Court Scheduling Delays

The 17th Judicial Circuit handles a substantial volume of probate filings. When the docket is congested, simple scheduling gaps between hearings can add weeks to a case that would otherwise move smoothly. This is a structural reality that has nothing to do with the complexity of the estate itself.

Lost or Disputed Wills

A missing original will requires the court to make a determination about its validity before the case can proceed. If the will is contested, the court may need to hold evidentiary hearings, which can extend the case by months.

Will Contests and Beneficiary Disputes

Will contests and disputes over asset distribution are where the question of how long can an estate remain in probate becomes genuinely open-ended. Contested estates can remain in probate for one to three years or longer if litigation proceeds through the court system. There is no statutory ceiling on how long a disputed estate can remain open.

Complex Tax Obligations

Estates that owe federal estate taxes (generally those over the federal basic exclusion amount, which is $15 million for people who die in 2026) must file IRS Form 706 within nine months of death. Until tax liabilities are resolved, the Personal Representative cannot make final distributions. Even estates below the federal threshold may have complex income tax returns to file for the decedent and the estate itself.

Practical Steps That Reduce Delay

Most avoidable delays in Florida probate come from procedural errors, incomplete paperwork, and late starts. A few concrete steps help:

Gathering financial account statements, property deeds, vehicle titles, and debt records before filing the petition prevents discovery delays during the inventory phase.

Working with Florida-licensed probate counsel from the start avoids procedural rejections from the court clerk's office. A rejected petition filing restarts the clock on court review.

Communicating promptly with the Personal Representative and the attorney handling the estate prevents gaps in document execution that stall asset transfers.

If you are a beneficiary waiting on distributions, it is reasonable to ask whether partial distributions are possible during the administration. In some cases, a Personal Representative can release a portion of assets before the estate is fully closed, though this depends on the specific circumstances of the estate.

A Realistic Probate Process Timeline, Summarized

Probate Type	Typical Florida Duration
Summary Administration	1 to 3 months
Formal Administration (straightforward)	6 to 12 months
Formal Administration (real estate sale)	9 to 18 months
Intestate estate (no will)	Add 2 to 4 months
Contested estate or litigation	1 to 3+ years

Talk to a Florida Probate Attorney About Your Specific Timeline

No article can tell you exactly how long your estate will take to close. The factors that matter most, whether the estate qualifies for Summary Administration, whether real estate is involved, whether there are creditor claims, and what the current court docket looks like, are specific to your situation.

A Florida-licensed probate attorney familiar with the 17th Judicial Circuit can review the estate, identify which administration track applies, and give you a timeline grounded in the actual facts of the case.

Schedule a consultation to get a clear picture of what's ahead.

This article is for informational purposes only and does not constitute formal legal advice. Probate timelines vary based on individual estate complexities and court schedules. Consult a licensed Florida attorney for guidance specific to your situation.