Florida Estate Planning & Probate

How Long Does Probate Take in Florida?
Process, Steps & Timeline

Most Florida estates settle in 6 to 12 months — but the answer depends on which type of administration applies, whether anyone contests, and how the estate was organized before death. Here is exactly how the process works, step by step.

By Arthur Simpson, Esq. Florida Estate Planning Attorney Last Updated: May 2026

Probate is the court-supervised process of validating a deceased person's will, paying their debts, and transferring their assets to the people entitled to receive them. In Florida, probate is governed by the Florida Probate Code (Chapters 731–735 of the Florida Statutes) and the Florida Probate Rules. For most families, the two questions that matter most are simple: how long will it take, and how much will it cost?

The short answer: a typical Florida formal administration takes 6 to 12 months, while a summary administration can be completed in 4 to 8 weeks. Contested estates, federal estate tax filings, or hard-to-value assets can extend either timeline considerably.

The Two Types of Florida Probate

Formal Administration

Formal administration is the standard, full probate process. It requires the court to appoint a personal representative (called an executor in many other states) who is represented by a Florida attorney. Formal administration is used for most estates, particularly those with real estate, multiple beneficiaries, creditor issues, or assets above the summary threshold.

Summary Administration

Summary administration is a faster, simplified process available in two situations under F.S. § 735.201:

2026 Update — Summary Administration Threshold Doubled Under CS/SB 1500, the value threshold for summary administration increases from $75,000 to $150,000 for decedents who die on or after July 1, 2026. The two-year rule is unchanged. This means many more Florida estates will now qualify for the faster, less expensive summary process.

Step-by-Step Florida Probate Timeline

Here is the typical sequence for a formal administration, with realistic timeframes for each phase:

StepWhat HappensTypical Timing
1. File petitionPetition for administration filed with the circuit court in the county of residence; will deposited with the clerk.Weeks 1–3
2. Appoint personal representativeCourt issues Letters of Administration authorizing the personal representative to act.Weeks 2–6
3. Notice to creditorsNotice published and served on known creditors, opening the claim period.Month 1–2
4. Creditor claim periodMandatory 3-month window for creditors to file claims (F.S. § 733.701).Months 2–5
5. Inventory & administrationAssets inventoried and appraised; debts, taxes, and expenses paid.Months 2–8
6. Distribution & closingRemaining assets distributed; final accounting filed; estate closed.Months 6–12

The 3-month creditor claim period is the single biggest reason formal administration cannot be rushed. Even a simple, uncontested estate generally cannot close until that window has run.

What Makes Florida Probate Take Longer?

How Much Does Probate Cost in Florida?

Florida law sets a presumptively reasonable attorney fee based on the value of the probate estate (F.S. § 733.6171). The statutory schedule is, in part:

On top of attorney fees, expect court filing fees, the personal representative's statutory compensation, publication costs, and possible accounting or appraisal fees. In practice, total probate expenses commonly run 3% to 8% of the gross estate — money and months that proper planning can eliminate.

⚠ A Will Does Not Avoid Probate One of the most common and costly misconceptions in Florida estate planning is that having a will keeps your family out of probate. It does not. A will is simply the set of instructions the probate court follows. Only assets in a funded trust, or with valid beneficiary or survivorship designations, pass outside of probate.

How to Avoid Florida Probate Entirely

Probate is avoidable with the right structure in place before death. The most effective tools for Florida families are:

Frequently Asked Questions

How long does probate take in Florida?
Formal administration usually takes 6 to 12 months because of the mandatory 3-month creditor claim period and the time needed to inventory assets, pay debts, and close the estate. Summary administration is much faster — typically 4 to 8 weeks. Contested or complex estates can take a year or more.
What is the difference between formal and summary administration?
Formal administration is the full process used for most estates, requiring a personal representative and a creditor period. Summary administration is a simplified, faster process available when the probate estate (excluding exempt property) is under the statutory threshold — increasing to $150,000 for deaths on or after July 1, 2026 — or when the decedent has been dead more than two years.
How much does probate cost in Florida?
Attorney fees follow the presumptively reasonable schedule in F.S. § 733.6171 (for example, $3,000 for a $100,000 estate, plus 3% of value above that up to $1 million). Adding court costs, the personal representative's fee, and publication, total probate expenses typically run 3% to 8% of the gross estate.
Do I have to go through probate if there is a will?
Yes. A will does not avoid probate — it directs how the probate court distributes your assets. The estate still goes through the court to validate the will, appoint a personal representative, pay creditors, and transfer title. Only trust assets and assets with beneficiary or survivorship designations bypass probate.
Can probate be avoided in Florida?
Yes. A properly funded revocable living trust is the most reliable way to avoid probate. Lady bird deeds, payable-on-death and transfer-on-death designations, joint ownership with survivorship, and tenancy by the entireties between spouses can also keep specific assets out of the court process.

Related Reading

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This article is for general informational purposes and does not constitute legal advice. Probate law is fact-specific and the figures above are general estimates, not a quote. Consult a licensed Florida attorney regarding your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida.