How Long Does Probate Take in Florida?
Last updated: June 2026
Max Cohen
Licensed General Contractor · FL Home Buyers
Quick Answer
Florida formal probate often takes months, but the timeline depends on the estate, county, court schedule, creditor issues, title requirements, and whether heirs cooperate. Summary administration can be faster when the estate qualifies, but the probate attorney and title company should confirm what must happen before the house can close.
How Long I've Waited on Probate Closings
My fastest probate closing was 45 days from the date we signed the contract. The heir had already opened probate, was appointed personal representative, and the creditor notice period was running. We closed 2 weeks after the 3-month creditor period expired (F.S. 733.2121).
My longest: 11 months. Multiple heirs, one contested the will, and the court required a mediation before authorizing the sale. In a case like that, the contract has to be written around court approval, title requirements, seller authority, and a realistic closing target.
Types of Probate in Florida
| Type | Timeline | Requirements |
|---|---|---|
| Summary Administration | Often faster when eligible | Eligibility depends on estate value, time since death, title, and probate attorney review |
| Formal Administration | Often months | Most estates, usually requires a personal representative and title review |
| Contested/Complex | Can take much longer | Will disputes, creditor claims, litigation, missing documents, or title problems |
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 buy probate properties and can coordinate with the title company and probate attorney once the estate has authority to sell. The closing target should be based on the court status, title review, payoff numbers, heir issues, and signed seller documents.
If you're a personal representative dealing with a probate property, call (561) 258-9405 or request a written cash offer.
Formal vs. Summary Administration (Florida Statute 735)
Florida Statutes Chapter 735 allows summary administration in some estates, including smaller estates and some estates where the person has been deceased for more than two years. It can be faster than formal administration, but eligibility and creditor issues should be confirmed by a Florida probate attorney before you rely on that path.
Formal administration is the standard track for many larger or more complex estates. The court appoints a personal representative, creditor deadlines may apply, inventory and accounting work may be required, and real estate sales can need title or court coordination. Even a clean probate can take months, and disputes, missing heirs, liens, or title problems can stretch the timeline.
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 on probate authority, title, payoff, heirs, property condition, and whether you use a financed buyer, a cash buyer, or the MLS.
What Causes Probate Delays in Florida
Contested wills, missing heirs, creditor disputes, unclear authority, and beneficiary disagreements are common delay sources. Title problems on real property can cause similar slowdowns: unreleased mortgages, boundary disputes, code liens, judgment liens, or gaps in chain-of-title records may need to be cleared before the property can transfer.
Multiple properties, out-of-county property, beneficiaries who cannot be located, and large estates can add extra court, notice, title, or tax-review steps. Ask the probate attorney which steps apply before relying on any timeline.
Selling real property during probate can help when the estate needs cash, cannot afford carrying costs, or has heirs who prefer a clean distribution. It does not replace court authority, title review, creditor deadlines, or beneficiary communication.