Florida Probate Timeline: What to Expect During Estate Settlement

"How long will probate take?" is one of the most common questions families ask. The answer depends on many factors, but understanding the typical timeline helps set realistic expectations.

Minimum Timeline

Florida formal probate administration has built-in minimum timelines that cannot be shortened:

Creditor Period: Three months from the first publication of notice to creditors. This cannot be waived even if there are no known creditors.

This means the absolute minimum for formal probate is about 5-6 months, and that assumes everything goes perfectly.

Typical Timeline: 8-12 Months

A straightforward Florida probate typically takes 8-12 months from start to finish. Here's what happens:

Weeks 1-2: Initial Filing

Locate and file the original will

Prepare and file petition for administration

Identify and contact beneficiaries

File required documents with the court

Week 3-4: Appointment

Court reviews filings

Judge signs order appointing personal representative

Letters of Administration issued

Personal representative now has legal authority

Months 1-3: Creditor Process

Publish notice in local newspaper

Send notice to known creditors

90-day claim period runs

Review and respond to creditor claims

Months 2-4: Asset Management

Prepare and file inventory

Obtain asset valuations

Collect debts owed to estate

Manage estate assets prudently

Months 4-6: Administration

Pay valid creditor claims

File deceased's final tax returns

Address any claim disputes

Prepare for distribution

Months 6-8: Distribution Preparation

Prepare final accounting

Obtain beneficiary consents (if possible)

File petition for discharge

Prepare distribution documents

Months 8-12: Closing

Court reviews final documents

Final distribution to beneficiaries

Personal representative discharged

Estate closed

Factors That Extend the Timeline

Several factors can significantly extend the probate timeline:

Complex Assets: Business interests, real estate in multiple states, or unusual assets require additional time for valuation and disposition.

Creditor Disputes: If creditors file disputed claims, resolution can add months or even years.

Beneficiary Disputes: Family disagreements or will contests can extend probate indefinitely.

Tax Issues: Estate tax returns or IRS audits create delays. Federal estate tax audits can take years.

Missing Beneficiaries: Locating unknown or missing beneficiaries takes time and may require court approval for distributions.

Personal Representative Issues: If the personal representative fails to act or is removed, a replacement must be appointed.

Title Issues: Problems with real estate titles can delay transfers.

Summary Administration: Faster Option

For qualifying estates, summary administration offers a faster alternative:

Eligibility:

Estate value (excluding homestead) is $75,000 or less, OR

The deceased has been dead for more than two years

Timeline: Summary administration can often be completed in weeks rather than months, though the creditor protection period may still apply if less than two years have passed.

Tips for Efficient Probate

While some delays are unavoidable, these steps help keep probate on track:

1. Gather documents early 2. Work with an experienced probate attorney 3. Respond promptly to court requirements 4. Keep beneficiaries informed 5. Address issues as they arise 6. Maintain good records

Planning to Avoid Probate

The best way to avoid probate delays is to plan ahead:

Create a properly funded living trust
Use beneficiary designations where appropriate
Own assets jointly with right of survivorship
Consider Lady Bird deeds for real estate
Contact our office for probate administration or probate avoidance planning.