How Long Does Probate Take in Florida? A Timeline Breakdown

Disclosure: Pallas Growth is a cash home buyer. The information in this article is intended to be educational and objective. We also provide the cash purchase services described here.

One of the first questions families ask after a loved one passes is: How long will this take? The answer depends on which type of Florida probate applies, whether the estate includes real property, how busy the local court is, and whether any disputes arise. For background on the process itself, see our guide on how probate works in Florida. For the full picture on selling probate property, visit our Florida probate property page.

The short answer: formal administration in Florida typically takes 9 months to 18 months for a straightforward estate with real property. Complex estates or contested matters can take 2 years or longer. Summary administration for small, simple estates can complete in 4 to 8 weeks.

This guide breaks the process into phases, gives realistic time estimates for each, highlights the counties where things move faster or slower, and explains exactly where the delays come from — so you know what to expect and where you might be able to compress the timeline.

Florida Probate Timeline at a Glance

Phase 1: Opening the Estate (Weeks 1–6)

The clock starts when the probate petition is filed with the circuit court in the county where the decedent lived. How quickly the court responds depends largely on local docket volume.

In most Florida counties, a non-contested petition to admit a will and appoint a personal representative can be processed in 2 to 4 weeks if all paperwork is in order. In Miami-Dade County — one of Florida's busiest probate courts — the same process can take 4 to 8 weeks due to caseload. In smaller counties like Flagler, Hendry, or Holmes, Letters of Administration may be issued within 2 to 3 weeks.

The biggest delay in this phase: incomplete paperwork. If the will is not self-proved (no notarized witness affidavit), witnesses may need to be located and sworn in before a notary. If there is no will, determining the proper heir to appoint as administrator takes additional time. An experienced probate attorney dramatically reduces these filing errors.

Phase 2: The 90-Day Creditor Period (Months 1–4)

After receiving Letters of Administration, the personal representative must publish a Notice to Creditors in a local newspaper for two consecutive weeks. The 90-day creditor claim period begins with the first publication date.

This 90-day waiting period is the most significant structural constraint on Florida probate speed — it cannot be shortened in formal administration. No matter how quickly everything else moves, the estate cannot be fully distributed until either the 90-day period expires or all known creditor claims are resolved.

Importantly, the creditor period runs concurrently with other estate administration tasks. A smart personal representative uses this period to complete the asset inventory, obtain the real property appraisal, negotiate with known creditors, and file the Petition to Sell Real Property — all simultaneously. If all these tasks complete during the creditor period, the estate can close the property sale and wrap up final accounting quickly after the 90 days expire.

Phase 3: The Petition to Sell Real Property (2–6 Weeks)

The Petition to Sell Real Property is often the step most families don't anticipate. Even after the personal representative has authority to act, Florida law requires a separate court authorization before estate real property can be sold. This step can be initiated during the creditor period — you do not have to wait for it to expire.

The process: file the petition → notice to interested parties → wait for objection period → court reviews → Order Authorizing Sale issued. In uncontested cases in smaller counties, this can move in 2 to 3 weeks. In busy circuits like Broward (17th) or Miami-Dade, it commonly takes 4 to 6 weeks.

If you have a cash buyer lined up and under contract before the petition is filed, you can close within days of the order being issued. This is why working with a cash buyer who understands the probate process — and can wait for the order without financing contingencies expiring — is such a practical advantage. See our guide on selling a house while probate is open in Florida for a detailed breakdown of this step.

Phase 4: Final Accounting and Discharge (1–3 Months After Creditor Period)

After the 90-day creditor period expires and all known claims are resolved, the personal representative prepares a final accounting — a detailed report of all estate receipts and disbursements — and files it with the court. Beneficiaries have the right to object.

If all beneficiaries sign a written waiver of formal accounting (common in family estates where everyone is on the same page), this step can be simplified and completed in 2 to 4 weeks. If a formal accounting is required and the court must review it, add another 4 to 8 weeks for the hearing to be scheduled and the court's ruling.

Once the final accounting is approved and the personal representative distributes remaining assets, they file a Petition for Discharge. The court issues an Order of Discharge, formally closing the estate. This last step typically takes 2 to 4 weeks in uncomplicated cases.

County-by-County Timeline Differences

Florida's 67 counties have dramatically different probate dockets. Here's a practical breakdown for the counties Pallas Growth operates in most frequently:

These estimates assume an uncontested estate with competent legal representation. Self-represented personal representatives often experience delays of months due to filing errors, missed deadlines, and confusion about procedural requirements.

What Causes Florida Probate to Take Longer Than Average?

In our experience working with Florida probate estates, these are the most common sources of delay:

1. Contested Will or Appointment

If a beneficiary or heir challenges the validity of the will — claiming it was signed under duress, that the testator lacked capacity, or that the will was forged — the probate court cannot appoint a personal representative until the contest is resolved. Will contests can take 1 to 3 years to litigate. If the appointment itself is contested (multiple parties claiming the right to serve as personal representative), that too must be resolved before the estate can be administered.

2. Complex or Hard-to-Value Assets

Estates with business interests, multiple real properties, collectibles, or assets in multiple states require more time to inventory and value. Out-of-state real estate triggers "ancillary probate" — a separate probate proceeding in the other state — which runs on its own timeline entirely.

3. Unresolved Creditor Claims

If a creditor files a claim that the personal representative disputes, the court must resolve it before the estate can close. Medical debt, unpaid contractor bills, and IRS claims are common. Even a single disputed claim that goes to a hearing can add 2 to 6 months.

4. Missing or Unlocatable Heirs

Florida law requires that all interested parties be notified of probate proceedings. If heirs are unknown or cannot be located, the court may require a "diligent search" and publication of notice before proceeding. This can add months, and the court may appoint a guardian ad litem to represent missing heirs' interests.

5. Court Backlog

Even in uncontested estates, courts have limited hearing slots. A routine hearing that should take 10 minutes may be scheduled 6 to 10 weeks out simply because the court's calendar is full. Filing promptly and following up consistently on pending matters helps move through the queue faster.

Summary Administration: The Fast Track for Small Estates

Florida's summary administration procedure — available when the gross estate is $75,000 or less (excluding homestead and other exempt property), or when the decedent has been dead for more than 2 years — offers a dramatically compressed timeline.

There is no personal representative and no creditor notice period. The petitioner files directly for an Order of Summary Administration. In uncontested cases, the court typically issues the order within 4 to 8 weeks of filing. The order itself directs how assets are distributed and serves as the legal authority to transfer real estate title without a separate deed from a personal representative.

The tradeoff: beneficiaries who take distributions under summary administration remain personally liable for valid creditor claims up to the amount they received, for a period of 2 years after the decedent's death (or the date of summary administration, whichever is later). This personal liability exposure can be a concern if the decedent had significant debts.

Frequently Asked Questions

Q: What is the minimum time Florida probate can take?

The absolute minimum for formal administration is approximately 5 to 6 months. The 90-day creditor claim period is a non-negotiable statutory floor — the estate cannot close before it expires unless all creditor claims are resolved early. Add filing time, inventory, petition to sell, and final accounting, and even the fastest uncontested estates with no real property complications take at least 5 to 6 months. Summary administration can be completed in as few as 4 to 8 weeks for eligible small estates.

Q: Why does Florida probate take so long compared to other states?

Florida probate is longer for two main structural reasons. First, it is a judicial process — the circuit court must supervise every major step. Second, the 90-day creditor period cannot be waived in formal administration. States like New Jersey allow executors to sell property without court approval and use informal processes that complete in months. For a comparison, see our guide on how long NJ probate takes.

Q: Can you sell estate property while Florida probate is pending?

Yes. Estate real property can be sold while probate is open, but only after the court issues an Order Authorizing Sale. The personal representative files a Petition to Sell Real Property, gives notice to interested parties, and the court issues the order — typically 2 to 6 weeks after filing. Once the order is in hand, a cash closing can happen in days. The sale proceeds are deposited in the estate account and remain subject to creditor claims until the claim period expires.

Q: What causes Florida probate to take longer than average?

Common causes include: a contested will or appointment; difficulty locating heirs or creditors; complex estate assets (multiple properties, business interests, out-of-state assets); disputes among beneficiaries; unpaid creditors requiring resolution; court backlogs (especially in Miami-Dade, Broward, and Palm Beach); and an unrepresented personal representative making filing errors.

Q: Does summary administration take less time than formal administration in Florida?

Significantly less. Summary administration — available when the gross estate is $75,000 or less or the decedent has been dead more than 2 years — can be completed in 4 to 8 weeks in straightforward cases. There is no personal representative and no creditor notice period. The court issues an Order of Summary Administration directing distribution directly. However, beneficiaries remain personally liable for valid creditor claims for up to 2 years.

The Bottom Line: Plan for 12 Months, Work to Compress It

For a standard Florida estate with real property, planning for 12 months is realistic — and beats the surprise of thinking it will take 3. If the estate qualifies for summary administration, you may be done in 2 months. If there's a will contest or complex assets, add a year or more.

The most important factor within your control is preparation: hire a probate attorney early, file paperwork promptly, publish the Notice to Creditors immediately after getting Letters, and file the Petition to Sell Real Property as soon as you have a buyer — not after the creditor period expires. Every week of parallel work during the creditor period is a week off the total timeline.

For the action steps available to you right now as a personal representative, see our guide on executor duties when selling a house in Florida. And when you're ready to move forward on the sale, learn how to sell a probate property fast for cash.