How Long Does Probate Take in Florida?

Types of Probate in Florida

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.

If you're a personal representative dealing with a probate property, call (561) 258-9405 or get a free cash offer.

Formal vs. Summary Administration (Florida Statute 735)

Florida Statutes Chapter 735 creates two tracks for probate. Summary administration is the faster route, available when the estate's value (minus exempt property and liens) falls under $75,000, or when the decedent has been dead for more than 2 years regardless of estate size. Summary admin doesn't require appointing a personal representative, and it skips both the creditor notice publication and the 90-day creditor claims window. That's why it wraps up in 1-3 months.

Formal administration is the standard track for larger estates. The court appoints a personal representative, who must file an inventory within 60 days, publish a notice to creditors in a local newspaper for 2 consecutive weeks, and wait 90 days for creditor claims before any distribution can happen. The PR also needs court approval for the final accounting. Every one of these steps adds time, which is why even a straightforward formal probate takes 6-12 months.

Step-by-Step Probate Timeline

Here's what the clock looks like in a typical Florida formal administration:

• Filing the petition and receiving Letters of Administration: 2-4 weeks
• Publishing notice to creditors: Must run for 2 consecutive weeks in a local newspaper
• Mandatory creditor claims period: 90 days from first publication (can't be shortened)
• Filing estate inventory with the court: Due within 60 days of appointment
• Resolving creditor claims and objections: 30-60 days
• Final accounting, distribution, and closing: 30-60 days

Total for an uncontested formal probate with no complications: roughly 7-9 months. Add real estate that needs to be sold, and the timeline depends heavily on whether you sell to a cash buyer (14-21 days to close) or list on the MLS (77+ days average in Florida).

What Causes Probate Delays in Florida

Contested wills are the biggest source of delay. When a beneficiary challenges the will's validity, the probate court suspends distribution until the dispute is resolved, and litigation can add 6-18 months. Title problems on real property cause similar slowdowns: unreleased mortgages from paid-off loans, boundary disputes, or gaps in the chain-of-title records all need to be cleared before the property can transfer.

Multiple properties in different Florida counties require ancillary proceedings, each with its own filing and creditor period. Beneficiaries who can't be located trigger notice-by-publication requirements and extended waiting periods mandated by due process. And for estates above the federal exemption threshold ($13.99 million in 2025), tax clearance from the IRS can take months.

Selling real property during probate actually helps shorten the overall timeline. It converts an illiquid asset to distributable cash, eliminates ongoing carrying costs (mortgage payments, insurance premiums, property taxes, lawn care), and removes one of the biggest administrative headaches from the PR's plate.