Florida formal probate takes 6-12
months. Summary administration (for estates under $75,000 or when the
decedent has been dead for 2+ years) can be completed in 1-3 months.
Complex estates with disputes or litigation can take 2+ years.
Types of Probate in Florida
Type
Timeline
Requirements
Summary Administration
1-3 months
Estate value under $75,000 or decedent dead 2+ years
Formal Administration
6-12 months
Most estates—requires personal representative
Contested/Complex
1-3+ years
Will disputes, creditor claims, litigation
What Factors Affect Probate Timeline?
Several things can speed up or slow down probate:
Creditor claims period: Florida law requires a 3-month window
for creditors to file claims. This cannot be shortened.
Estate complexity: Multiple properties, business interests, or
out-of-state assets add time.
Family disputes: Disagreements among heirs about who gets what
can extend probate significantly.
Court backlog: Some Florida counties have busier probate courts
than others.
Selling real estate: Liquidating property early can actually
speed up probate by converting an illiquid asset to cash and avoiding ongoing
carrying costs.
Can You Sell Real Estate During Probate?
Yes—and it's often a good idea. The personal representative can sell estate real
estate with proper court approval. This helps the estate by:
Avoiding ongoing mortgage, insurance, and tax payments
Converting an illiquid asset to cash for distribution
Reducing maintenance and liability concerns
Simplifying the final distribution to heirs
We specialize in buying probate properties and work with probate attorneys throughout Florida. We
can close quickly and coordinate with the court process to make the sale as smooth as possible.
Florida probate in 2026: Summary administration (estates ≤$75K) takes 1–3 months, while formal administration averages 9–12 months. Contested cases can drag on 2+ years for contested estates. Attorney fees follow a statutory schedule — for a $500K estate, expect ~
Florida probate in 2026: Summary administration (estates ≤$75K) takes 1–3 months, while formal administration averages 9–12 months. Contested cases can drag on 2+ years for contested estates. Attorney fees follow a statutory schedule — for a $500K estate, expect ~$15,000 (3%). Over 67,000 probate cases were opened statewide in 2024, with 42% of cases pending over 18 months. Important: Florida has NO state inheritance or estate tax, and the 2026 federal exemption is $13.99 million per person (2025, indexed annually).
📊 2026 Florida Probate Data
Summary Admin1–3 months
Formal Admin9–12 months
Complex/Contested2+ years for contested estates
Cases Opened (2024)67,000+ (2024)
Pending >18 months42% of cases pending over 18 months
5,000 (3%). Over 67,000 probate cases were opened statewide in 2024, with 42% of cases pending over 18 months. Important: Florida has NO state inheritance or estate tax, and the 2026 federal exemption is
Florida probate in 2026: Summary administration (estates ≤$75K) takes 1–3 months, while formal administration averages 9–12 months. Contested cases can drag on 2+ years for contested estates. Attorney fees follow a statutory schedule — for a $500K estate, expect ~$15,000 (3%). Over 67,000 probate cases were opened statewide in 2024, with 42% of cases pending over 18 months. Important: Florida has NO state inheritance or estate tax, and the 2026 federal exemption is $13.99 million per person (2025, indexed annually).
📊 2026 Florida Probate Data
Summary Admin1–3 months
Formal Admin9–12 months
Complex/Contested2+ years for contested estates
Cases Opened (2024)67,000+ (2024)
Pending >18 months42% of cases pending over 18 months
3.99 million per person (2025, indexed annually).
📊 2026 Florida Probate Data
Summary Admin1–3 months
Formal Admin9–12 months
Complex/Contested2+ years for contested estates
Cases Opened (2024)67,000+ (2024)
Pending >18 months42% of cases pending over 18 months
