The Estate Desk

Last verified 2026-10-31; facts checked against the primary sources below

How long does probate take in Florida?

Adam Nathan

Reviewed by Adam Nathan, founder of The Estate Desk

Facts checked against the official sources on this page on October 31, 2026. Not legal advice.

Last verified: October 31, 2026

The short answer: Florida probate has no fixed end date in the statutes, but the Florida Probate Rules set a target. In a formal administration, the personal representative must file the final accounting and petition for discharge within 12 months after letters are issued, or within 12 months from the date a federal estate tax return is due if one is filed, unless the court extends the time (Fla. Prob. R. 5.400(c)). The creditor period inside that year runs at least 3 months from the first publication of the notice to creditors (Fla. Stat. § 733.702(1)).

Neither the statutes nor the rules give an average length, and this page does not either. What they give is a set of deadlines, listed below in the order they come up.

What are the deadlines in a Florida formal administration?

Most of the clock starts on one of two dates: the day the court issues letters of administration to the personal representative, or the day the notice to creditors is first published in a newspaper.

Step Deadline or timing Source
Publish the notice to creditors Promptly; once a week for 2 consecutive weeks in a newspaper in the county where the estate is administered § 733.2121(1), (2)
Serve the notice on creditors who are reasonably ascertainable Promptly, after a diligent search § 733.2121(3)(a)
Serve the notice and death certificate on the Agency for Health Care Administration, if the person was 55 or older Within 3 months after first publication § 733.2121(3)(d)
File proof of publication Within 45 days after first publication Rule 5.241(c)
Serve the notice of administration on the spouse and beneficiaries Promptly § 733.212(1)
File the inventory Within 60 days after letters are issued Rule 5.340(a); § 733.604(1)
Creditors file claims By the later of 3 months after first publication or, for a creditor who must be served, 30 days after service on that creditor § 733.702(1)
Objections to the will's validity, venue or jurisdiction 3 months after the notice of administration is served on that person § 733.212(2)(c)
File the statement that a diligent search for creditors was made Within 4 months after first publication Rule 5.241(d)
Object to a creditor's claim By the later of 4 months after first publication or 30 days after the claim is filed § 733.705(2)
Creditor sues on a claim that drew an objection Within 30 days after the objection is served, unless extended § 733.705(5)
Pay the debts Not required before 5 months after first publication; all claims paid within 1 year after first publication, with extensions for claims in litigation, unmatured or contingent § 733.705(1)
File the final accounting and petition for discharge Within 12 months after letters (no federal estate tax return), or 12 months from the return's due date Rule 5.400(c)
Beneficiaries object to the final accounting Within 30 days after service of the later of the petition or accounting Rule 5.401(a)
Discharge After the estate is fully administered and properly distributed, the court enters an order discharging the personal representative Rule 5.400(e); § 733.901

The inventory deadline is in the court rule, not the statute. Section 733.604 requires a verified inventory but does not set a day count (§ 733.604(1)(a)); Rule 5.340 sets the 60 days and lets the court extend it for cause (Rule 5.340(a), (b)).

How long is the Florida creditor period?

For most creditors, the window closes 3 months after the notice to creditors is first published. A creditor who had to be served directly gets until 30 days after service if that is later (§ 733.702(1)). A late claim is barred unless the court extends the time, and the court may do that only for fraud, estoppel or insufficient notice of the claims period (§ 733.702(3)).

There is also an outer limit. Two years after the death, the estate, the personal representative and the beneficiaries are not liable for claims against the person who died, whether or not probate was ever opened (§ 733.710(1)). That limit does not apply to a creditor who filed a claim within the 2 years that is still unresolved, and it does not affect a recorded mortgage or other lien (§ 733.710(2), (3)).

How is summary administration different?

Summary administration is Florida's shorter court process. Since July 1, 2026, it is available when the estate subject to administration in Florida, less property exempt from creditors' claims, is worth $150,000 or less, or when the person has been dead for more than 2 years (§ 735.201; ch. 2026-57, §§ 7 and 14). The Florida summary administration guide covers who qualifies and how to file.

Formal administration Summary administration Source
What the court issues Letters to a personal representative, who later petitions for discharge An order of summary administration and distribution Rules 5.340(a), 5.400; § 735.206(4)
Distribution After claims, the final accounting and the plan of distribution The order may allow immediate distribution Rule 5.400(d); § 735.206(3)
Creditors Notice published; claims period of at least 3 months Before the order, the petitioner searches for known creditors, serves them the petition and provides for payment § 733.702(1); § 735.206(2)
Notice to creditors Required Optional after the order; if published, unknown creditors are barred unless they file within 3 months of first publication § 733.2121(1); § 735.2063
Liability after distribution Personal representative released on discharge Each recipient is personally liable for lawful claims up to the value received, for 2 years after the death § 733.901(2); § 735.206(4)(e), (f)

Summary administration has no claims period that must run before distribution. The order may allow immediate distribution (§ 735.206(3)), and the notice to creditors is optional and comes after the order (§ 735.2063(1)). The statutes do not set a number of days for the court to sign the order.

What makes Florida probate take longer?

These are the delays the statutes and rules themselves name:

What happens Effect on timing Source
A federal estate tax return is required The 12-month clock for the final accounting runs from the return's due date, not from letters Rule 5.400(c)
The court extends the time to close Allowed for cause shown, after notice to interested persons; the petition must state the estate's status and the reason Rule 5.400(c)
A claim is in litigation, unmatured or contingent The 1-year time to pay claims is extended for as long as it takes to resolve them; no discharge until they are provided for § 733.705(1), (7)
A creditor sues after an objection The suit must be filed within 30 days of the objection, but then runs on its own schedule § 733.705(5)
Someone challenges the will, venue or jurisdiction Objections can come up to 3 months after the notice of administration is served § 733.212(2)(c)
A beneficiary objects to the final accounting A hearing may be set; if no notice of hearing is served within 90 days of the objection, the objection is abandoned Rule 5.401(d)
The inventory is not ready The court may extend the 60-day deadline for cause Rule 5.340(b)

Local court calendars also affect timing. This page does not list county wait times.

Can anything be done before probate closes?

Assets that pass outside the estate, such as a joint account with a survivor or an account with a payable-on-death beneficiary, are generally not part of the estate subject to administration; see can a bank freeze an account after death for how account ownership decides this. For very small estates, Florida has two smaller options, described in the summary administration guide.

If the person lived in another state, the timeline is set by that state's law. See how long probate takes in California or how long probate takes in Texas.

This is general information about Florida law, not legal advice. A Florida probate lawyer can tell you which deadlines apply to your estate.

The Estate Desk helps families settle estates. theestatedesk.com

Primary sources