Last updated: August 2026
How long does probate take in Florida? A typical formal administration runs 6 to 12 months, while Florida’s streamlined summary administration — available to smaller estates — can finish in as little as 1 to 3 months. Contested estates, estates with homestead property complications, or hard-to-sell real estate can push well past a year. Here’s the Florida timeline stage by stage, which track your estate qualifies for, and what heirs can do while the case winds through court.
The Short Answer, by Estate Type
- Disposition without administration (very small estates — essentially exempt property and final-expense reimbursement): days to weeks.
- Summary administration (estates of $75,000 or less, or a death more than two years ago): about 1–3 months.
- Formal administration, uncontested: 6–12 months.
- Contested or complex estates: 12 months to several years.
Florida’s Two Main Probate Tracks
Summary administration is Florida’s shortcut: available when the probate assets total $75,000 or less (not counting exempt homestead property) or when the person has been deceased for more than two years. There’s no personal representative appointed — the court simply orders the assets distributed. It’s fast, but it only fits clean situations.
Formal administration is the standard track for everything else. The court appoints a personal representative (Florida’s term for executor), creditors get their window, and the estate closes with a final accounting. One Florida quirk worth knowing: the personal representative must generally be either a Florida resident or a close relative of the deceased — an out-of-state friend or business partner usually can’t serve. And as a practical matter, Florida courts require an attorney for most formal administrations.
The Florida Formal Administration Timeline
- Weeks 1–4 — Opening. The will is deposited with the circuit court in the county where the person lived, the petition for administration is filed, and the court issues letters of administration to the personal representative.
- Months 1–4 — Notice to creditors. The estate publishes a notice to creditors; known creditors are served directly. Creditors then generally have 3 months from publication to file claims. The estate inventory is filed with the court.
- Months 3–9 — Claims, taxes, and property. Valid claims are paid, objections litigated if needed, the final income tax return is handled (Florida has no state estate or inheritance tax), and real estate is dealt with — including Florida’s distinctive homestead rules, which can protect the home from creditors but add procedural steps.
- Months 6–12 — Accounting and distribution. The personal representative files the final accounting, distributes the estate, and petitions for discharge.
What Slows Florida Probate Down
- Homestead determinations — establishing that the home qualifies as protected homestead is its own mini-proceeding.
- Real estate sales — clearing, repairing, and selling inherited property is the most common delay statewide. See our guide to selling an inherited house.
- Out-of-state heirs and snowbird estates — assets in multiple states can require ancillary probate elsewhere.
- Will contests and family disputes.
- Court backlogs in high-volume counties like Miami-Dade, Broward, and Palm Beach.
For how Florida compares to other states, see the state-by-state probate timeline guide and our companion piece on Florida probate advances.
What Florida Heirs Can Do While They Wait
If the estate is months from closing and you need funds now, a probate advance converts part of your expected inheritance into cash — typically within about 24 hours of approval. No credit check, no monthly payments; the advance is repaid by the estate when probate closes, and with a non-recourse agreement you owe nothing personally if the estate falls short. Our heir advance guide covers how it works, what it costs, and when waiting is smarter.
Florida Probate FAQs
Do I need a lawyer for probate in Florida?
For formal administration, almost always — Florida courts require attorney representation for personal representatives in most cases. Summary administration and disposition without administration can sometimes be handled without one. More here: do you need a probate lawyer?
Does Florida have an inheritance or estate tax?
No. Florida has neither an estate tax nor an inheritance tax. Federal estate tax applies only to estates worth many millions of dollars.
Can an out-of-state person be a personal representative in Florida?
Only if they’re a close relative of the deceased (spouse, child, parent, sibling, or certain other family). Unrelated out-of-state persons generally cannot serve.
How long do creditors have to file claims in Florida?
Generally 3 months from publication of the notice to creditors (or 30 days from direct service for known creditors). Claims are ultimately barred two years after death.
Can I get my inheritance before Florida probate closes?
Personal representatives can sometimes make partial early distributions, but most heirs wait for the final accounting. An inheritance advance against your share can provide funds within about 24 hours.
This article is general information, not legal advice. Confirm specifics with the circuit court clerk or a Florida probate attorney.
Waiting on a Florida estate and need funds sooner? Apply in 2 minutes for a flat-fee, no-credit-check inheritance advance, or call 1-888-861-5744.
Related Reading
- How Long Does Probate Take in Illinois?
- How Long Does Probate Take in New York?
- How Long Does Probate Take in Arizona?
Written by John Marsano
John Marsano leads Advanced My Inheritance, a national inheritance funding company that has advanced more than $10 million to heirs waiting on probate. He hosts the Probate Matters series and his commentary on inheritance and estate funding has been featured in Entrepreneur, Yahoo Finance, and GOBankingRates. He writes about probate, executor duties, and the options heirs have while estates are tied up in court. About Advanced My Inheritance