Florida Probate Timeline
A realistic month-by-month walk-through of formal administration, with the statutes that drive each step and the places estates actually get stuck.
By Paul Kogan · Published April 14, 2026 · Updated April 14, 2026
Florida probate splits into two tracks. Summary administration under § 735.201, Fla. Stat., is available when the non-exempt probate estate is $75,000 or less, or when the decedent has been dead more than two years. It often closes in 4–8 weeks. Everything else runs through formal administration under Chapter 733, which is what this timeline walks through.
The dates below assume a cooperative family, a clean will (if any), and no significant creditor disputes. Real cases fall somewhere on a spectrum, most of our Broward files close between months 8 and 12.
Week 1–4
Petition for Administration filed
The nominated personal representative (PR) files the Petition for Administration, the original will, the death certificate, and the oath of personal representative with the probate division of the circuit court in the county where the decedent lived. Broward filing fees run roughly $400. If everything is in order, the court enters an Order of Admission (if testate) and issues Letters of Administration within 2–4 weeks. Those Letters are what banks, title companies, and brokerages actually require before releasing assets.
Month 1–2
Notice to Creditors published and served
Once appointed, the PR must serve a Notice of Administration on all interested parties and publish Notice to Creditors in a county newspaper. Under § 733.2121, Fla. Stat., known or reasonably ascertainable creditors must be served directly; they have 30 days after service to file a claim. All other creditors have the later of (i) 3 months from first publication or (ii) 30 days after direct service. This clock is the single biggest driver of the overall timeline.
Month 2–3
Inventory filed
Within 60 days of issuance of Letters, the PR files a verified inventory of the decedent’s probate assets with values as of the date of death (Fla. Prob. R. 5.340). For anything that requires appraisal, such as real property, closely held business interests, or collectibles, this is when appraisers are engaged.
Month 3–6
Creditor period closes; objections and claims resolved
The 3-month creditor window closes. The PR reviews each filed claim, pays valid claims in the statutory priority order under § 733.707, and files objections to any claim that is disputed. If objections are filed, claimants have 30 days to file an independent action or the claim is barred.
Month 4–8
Tax filings, debts paid, assets liquidated as needed
The PR files the final Form 1040 for the decedent, a Form 1041 for the estate (if required), and any applicable federal estate tax return (Form 706, which is rare given the ~$13M federal exemption). Real property may be sold, or transferred by PR’s deed under the will. Creditor claims and administration expenses are paid before any distributions to beneficiaries.
Month 6–10
Final accounting and petition for discharge
The PR prepares a final accounting showing all receipts, disbursements, and proposed distributions, and files a Petition for Discharge with the proposed plan of distribution. Beneficiaries may waive the accounting in writing to speed things up. If no objections are filed within 30 days, the court enters an Order of Discharge.
Month 8–12
Distribution and closing
Final distributions are made to beneficiaries, typically against signed receipts and releases. The PR is discharged from further liability and the estate is closed. Realistic range for a clean formal administration: 8–12 months. Disputes, will contests, or out-of-state real property can push this past 18 months.
Where Estates Get Stuck
- Homestead determinations. Article X, § 4 of the Florida Constitution restricts how homestead can be devised. We frequently file a separate petition to determine homestead status, which can run in parallel but often adds 1–3 months.
- Ancillary probate. If the decedent owned out-of-state real property, or was a non-Florida resident with Florida real property, a second (ancillary) proceeding is required. Plan for another 4–8 months on top.
- Will contests. Challenges on execution, capacity, or undue influence must be filed within the earlier of 20 days after formal notice or 3 months after service of the Notice of Administration. A contested matter can double the timeline.
- IRS transcripts and closing letters. When a Form 706 is filed, the PR generally waits for the closing letter before distributing. That alone can add 6–9 months.
How a Trust Changes the Picture
A properly funded revocable living trust skips the court entirely. The successor trustee can begin distributions within days of the death certificate being issued, subject to a reasonable period for tax and creditor analysis. Most trust-based estates in our practice finish in 8–16 weeks rather than 8–12 months. See our trust vs will comparison for the numbers.
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Paul Kogan
Fort Lauderdale Litigation Attorney, The Kogan Firm, P.A.
- 15+ years
- Florida Bar
- Martindale Peer Rated
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This timeline is for informational purposes only and does not constitute legal advice. Every estate is different.