One of the first questions families ask after someone dies is how long probate will take. The answer depends on the type of probate proceeding and the complexity of the estate. Some cases may be completed in a few weeks, while others can take a year or longer.
This article explains the typical timelines for probate in Florida and the factors that affect how long the process lasts.
Two Types of Probate in Florida
Florida has two main probate procedures: summary administration and formal administration. The type of probate required will significantly affect how long the case takes.
Summary Administration
Summary administration is a simplified probate process available when:
• the total value of the probate estate is $75,000 or less, or
• the decedent has been dead for more than two years.
Because summary administration does not involve appointing a personal representative, it is usually faster than formal probate.
In many cases, summary administration can be completed within approximately one to three months after the petition is filed, assuming all required documents are submitted and there are no disputes.
The process generally involves:
• filing a petition for summary administration
• providing notice to beneficiaries and creditors
• obtaining a court order distributing the estate assets
[see Chapter 735, Part I, Florida Probate Code]
If you want to understand the differences between probate procedures, see our article explaining the Florida Probate Process.
Formal Administration
Formal administration is the most common type of probate in Florida and is required for larger or more complex estates.
In formal probate, the court appoints a personal representative to administer the estate (see §733.301)
A typical formal probate case often takes between six months and one year to complete. Some estates take longer depending on the circumstances.
The process generally includes:
• appointing a personal representative
• identifying and valuing estate assets
• notifying creditors
• paying valid debts and expenses
• distributing assets to beneficiaries
Creditor Claim Period
One of the main reasons probate takes time is that Florida law requires a waiting period for creditors to file claims.
After the probate case begins, the personal representative must publish a Notice to Creditors. Once that notice is published, creditors generally have three months to file claims against the estate.
The laws governing this process are Chapter 733, Part VII, Florida Probate Code.
Because the estate typically cannot be closed until this creditor period expires, most formal probate cases take at least three months even when everything goes smoothly.
Selling Property During Probate
If the estate includes real estate or other significant assets that must be sold, probate may take longer.
For example, the personal representative may need to:
• list and market a property
• obtain court approval to sell the property in some situations
• complete the closing process
Real estate transactions often extend the timeline of probate.
If you want to learn more about selling estate property, see our article discussing when property can be sold during probate.
Tax Issues and Asset Complexity
Certain estates require additional time because of tax or administrative issues. Examples include:
• complex investment portfolios
• business ownership interests
• estate tax filings
• difficulty locating beneficiaries
Estates that involve multiple properties, financial accounts, or ongoing business operations may take longer to administer.
Court Procedures and Local Requirements
Probate timelines can also be affected by court procedures and local rules.
Some courts require additional documentation before approving final distributions. Delays may occur if documents are incomplete or if hearings are required.
The Florida Probate Rules govern the administration process.
Final Thoughts
The time required to complete probate in Florida depends on several factors, including:
• whether the estate qualifies for summary administration
• the size and complexity of the estate
• whether real estate must be sold
• whether creditors file claims
• whether disputes arise between beneficiaries
Many probate cases are completed within several months, but more complex estates can take longer.
If you are beginning a probate case, understanding the timeline can help you plan for the administration of the estate and the eventual distribution of assets.
If you need help opening a probate estate in Broward, Palm Beach, or Miami-Dade County, contact Clarke Law PA at (954) 556-8952.