How Long Does Probate Take in Florida?

What Affects How Long Probate Takes

Common factors include:

• whether there is a valid will
• the size and complexity of the estate
• required waiting periods under state law
• court workload and processing time
• whether the estate is contested

These factors influence how much time the court needs to process the estate and whether additional review or waiting periods apply.

Typical Probate Timeline in Florida

While every case is different, probate generally follows these steps:

• Filing the petition (Week 1–2) The petition is filed with the circuit court in the county where the decedent lived. Florida requires the original will to be deposited with the court.
• Appointment of personal representative (Week 2–6) The court appoints the personal representative after a hearing. Florida has specific residency requirements — non-family members who are not Florida residents generally cannot serve.
• Inventory and appraisal (Month 2–4) The personal representative files an inventory within 60 days of receiving letters of administration.
• Notice to creditors (Month 1–4) Notice is published for two consecutive weeks. Known creditors also receive direct notice. Creditors have three months from first publication to file claims.
• Payment of debts and taxes (Month 4–8) Valid claims, expenses, and taxes are paid. Florida has no state income tax or estate tax, which simplifies this step.
• Distribution to beneficiaries (Month 8–10) Remaining assets are distributed. Florida's homestead laws may affect how real property is distributed.
• Final accounting and discharge (Month 10–12) A final accounting is filed, and the court formally discharges the personal representative.

Short vs. Long Probate Cases

• Simple estates often complete probate closer to the lower end of the typical range.
• Contested or complex estates can take significantly longer, especially if disputes arise or assets are difficult to locate.

How Florida Probate Differs From Other States

Florida has unique homestead property protections that significantly affect how real estate passes in probate. The homestead is generally exempt from creditors and may pass outside the normal probate distribution rules. Florida also offers summary administration for estates valued at $75,000 or less (excluding exempt homestead property), or when the decedent has been dead for more than two years. Florida has no state estate tax and no state income tax, which can simplify the financial aspects of probate.

Florida Homestead and Summary Administration

Homestead protection is a major factor in Florida probate. The decedent's primary residence may be protected from most creditors and has special rules for how it can be devised. Summary administration is available when the estate (excluding exempt homestead) is valued at $75,000 or less, or when the decedent died more than two years ago. Summary administration skips the appointment of a personal representative and can be completed in weeks rather than months.