How long does probate take in Florida? For most families the honest answer falls into one of two ranges. A summary administration, the shortened process for smaller or older estates, usually closes in about 1 to 3 months. A formal administration, the standard process for everything else, typically runs 6 to 12 months, and contested or complicated estates can stretch past 18 months. The single biggest reason formal administration cannot finish faster is built into the statute: creditors get 3 months from the first published notice to file claims under Fla. Stat. §733.702, and the estate generally cannot close until that window has run.
This guide walks through the real timeline for each type of Florida probate, phase by phase, using the deadlines in the Florida Statutes and Probate Rules rather than guesswork. It reflects the law in effect in 2026.
Key Takeaways
- Summary administration (estates of $75,000 or less, not counting exempt property, or any estate where the death was more than 2 years ago) usually closes in about 1 to 3 months.
- Formal administration typically takes 6 to 12 months. The mandatory 3-month creditor claim period under Fla. Stat. §733.702 sets a hard floor, so even smooth cases rarely finish in under 5 months.
- The personal representative must file an inventory within 60 days of appointment, and Florida’s probate rules direct the final accounting and petition for discharge to be filed within 12 months of appointment in estates that owe no federal estate tax, unless the court extends the deadline.
- Will contests, creditor disputes, real estate sales, missing heirs, and federal estate tax returns are the delays that push probate past a year.
- You can shorten the process by depositing the will quickly, choosing the right administration type, and getting complete filings in the first time.
The Short Answer: Typical Florida Probate Timelines
Florida offers three levels of estate administration, and the timeline depends almost entirely on which one applies to your situation. The table below summarizes what each process is, who qualifies, and how long it usually takes from filing to final distribution.
| Type of administration | Who qualifies | Typical timeline |
|---|---|---|
| Disposition without administration (Fla. Stat. §735.301) | Very small estates: only exempt personal property plus nonexempt property that does not exceed final expenses | Fastest option; handled by informal application to the clerk |
| Summary administration (Fla. Stat. §735.201) | Estate subject to administration is $75,000 or less (excluding exempt property), or the decedent has been dead more than 2 years | About 1 to 3 months |
| Formal administration (Fla. Stat. Chapter 733) | All other estates; required for larger estates within 2 years of death | About 5 to 6 months for a simple estate per The Florida Bar; typically 6 to 12 months, and 12 to 18+ if contested |
Those ranges assume the paperwork is complete and nobody is fighting. The sections below break down where the time actually goes, because understanding the deadlines is what lets you avoid adding months to the process.
Summary Administration: About 1 to 3 Months
Summary administration is Florida’s shortened probate. Under Fla. Stat. §735.201, an estate qualifies if the value of the property subject to administration in Florida, not counting property that is exempt from creditor claims, does not exceed $75,000, or if the decedent has been dead for more than 2 years regardless of the estate’s size.
The process is faster because it skips the machinery that consumes most of the calendar in a formal case. No personal representative is appointed, so there are no letters of administration to wait for. There is no required newspaper publication period to sit through before closing, and no inventory or accounting to prepare. The petition is signed by the surviving spouse and the beneficiaries, the court reviews it, and the judge enters an order distributing the assets directly to the people entitled to them. When the petition is complete and uncontested, the whole process commonly wraps up in one to three months, driven mostly by how quickly the local court processes orders.
The tradeoff is control and creditor exposure. Because no personal representative is appointed, nobody has ongoing legal authority to act for the estate if a problem surfaces later, and recipients of estate property can remain responsible for valid creditor claims until claims are cut off, which for most claims is 2 years after death under Fla. Stat. §733.710. We cover the qualification details, including the small-estate affidavit alternative, in our guides to the Florida small estate affidavit and our summary administration service page.
Formal Administration: The Phase-by-Phase Timeline
Formal administration is the full probate process under Chapter 733 of the Florida Statutes, and its timeline is easier to understand once you see that much of it is set by statute rather than by how hard anyone works. Here is how the months typically break down for an uncontested estate.
Phase 1: Filing and appointment. The case opens when the petition for administration is filed with the circuit court under Fla. Stat. §733.202. The court reviews the petition, admits the will if there is one, appoints the personal representative, and issues letters of administration. With complete filings and no objections this phase commonly takes a few weeks, though it varies with the county’s caseload. We walk through the required contents of the petition and the notice rules in Florida Probate Rules Part I.
Phase 2: Notice to creditors, the 3-month clock. Promptly after appointment, the personal representative publishes a notice to creditors in a local newspaper once a week for 2 consecutive weeks under Fla. Stat. §733.2121, and must also serve the notice directly on creditors who are reasonably ascertainable. Creditors then have 3 months from the first publication, or 30 days after being served, whichever is later, to file claims under Fla. Stat. §733.702. This window cannot be skipped, which is why no formal administration finishes in 2 months no matter how simple the estate is.
Phase 3: Inventory and administration. While the creditor clock runs, the personal representative files a verified inventory of estate assets within 60 days of receiving letters under Florida Probate Rule 5.340, gathers and values assets, pays valid claims and expenses, and resolves any objections. Florida Probate Rules Part II covers the personal representative’s powers and the inventory requirements in detail.
Phase 4: Accounting, distribution, and discharge. Once claims are resolved, the personal representative prepares a final accounting and a petition for discharge, distributes the remaining assets, and the court closes the estate. As The Florida Bar’s consumer pamphlet on probate explains, the final accounting and closing documents are first due within 12 months after the court issues letters of administration in an estate with no federal estate tax return, which gives you a realistic outer marker for a routine case.
Put those phases together and you get the familiar arithmetic: a few weeks to appointment, 3 months of creditor window, then accounting and distribution. The same Florida Bar pamphlet puts it plainly: it is reasonable to expect a simple probate estate to take about 5 or 6 months, and even the simplest estate must stay open through the 3-month creditor claim period. The chart below shows how the tracks compare.
What Makes Florida Probate Take Longer
When probate runs past a year, one of a handful of complications is almost always the reason.
- Will contests and beneficiary disputes. A challenge to the will’s validity or a fight over who should serve as personal representative pauses everything else while the court resolves it.
- Contested creditor claims. If the estate objects to a claim, the dispute can move into separate litigation.
- Real estate. Property that must be sold, has title defects, or carries a mortgage adds a transaction timeline on top of the probate timeline.
- Federal estate tax. If the estate is large enough to owe a federal estate tax return, IRS Form 706 is due 9 months after death, with a 6-month extension available, and the estate generally stays open through the tax process.
- Missing or unresponsive heirs. The court requires diligent efforts to locate them before assets can be distributed. Our guide on the hunt for missing heirs in a Florida probate explains what that search involves.
- Incomplete filings. Petitions that are rejected for missing information restart review queues and can add weeks at each round trip.
How to Keep Probate Moving
You cannot shorten the statutory creditor period, but families have real control over everything around it.
Deposit the will right away. The person holding the original will must deposit it with the clerk of court within 10 days of learning of the death under Fla. Stat. §732.901. Nothing else can start until the will is on file.
Choose the right administration type at the start. Filing a formal administration for an estate that qualified for summary administration adds months of unnecessary process. The reverse mistake costs time too, because a summary petition for a non-qualifying estate gets rejected and refiled.
Get the first filing right. Most avoidable delay in routine cases comes from incomplete petitions, missing death certificates, and skipped signatures. A complete first filing moves through review once instead of two or three times.
Understand what the fee covers before you start. Attorney fees and court costs do not change the calendar directly, but fee surprises mid-case cause stalls. Our guide to Florida probate fees explains how attorney fees are set and what the court charges.
Filing in Polk County: Where and How
For Lakeland, Winter Haven, and Bartow families, probate runs through the Probate Division of the Polk County Clerk of Courts in the 10th Judicial Circuit. Two local details matter for your timeline. First, probate matters, including will deposits, are handled at the Polk County Courthouse in Bartow; the Clerk’s Wills and Estates page confirms this service is not offered at the Lakeland or Lake Alfred branch offices. Second, attorney filings go through the statewide Florida Courts E-Filing Portal, which is one of the reasons represented estates tend to clear document review faster. Current filing fees are published on the Polk County Clerk’s fee schedule, including $400.00 to open a formal administration and $345.00 for a summary administration of $1,000 or more.
If you are opening a probate case anywhere in Florida and want a clear picture of the timeline ahead, Matthew T. Morrison and the MTM Law Firm team in Lakeland can evaluate which administration type fits your estate and prepare the filing. Contact the firm to talk through your situation.
Frequently Asked Questions
What is the fastest probate can be completed in Florida?
For estates that qualify, disposition without administration under Fla. Stat. §735.301 is the fastest path because it is handled by informal application rather than a full court case. Among true probate proceedings, summary administration is the quickest, commonly closing in about 1 to 3 months when the petition is complete and uncontested.
Why does formal administration take at least 5 to 6 months?
Because the creditor claim period is set by statute. Creditors get 3 months from the first published notice to file claims under Fla. Stat. §733.702, and that window starts only after the court has appointed the personal representative and publication has begun. Add appointment time at the front and accounting and distribution at the back, and roughly 5 to 6 months is the practical minimum for even a simple formal administration.
How long do creditors have to file claims in Florida probate?
Under Fla. Stat. §733.702, creditors must file claims within 3 months after the first publication of the notice to creditors, or within 30 days after service of the notice on them, whichever is later. Separately, Fla. Stat. §733.710 bars most claims entirely 2 years after the date of death, regardless of notice.
Does probate take longer if there is no will?
Not automatically. An intestate estate follows the same summary or formal administration timelines, with Florida’s intestacy statutes deciding who inherits. Time gets added when relatives disagree about who should serve as personal representative or when heirs must be located and verified, both of which are more common without a will.
Do all assets have to go through probate in Florida?
No. Assets with named beneficiaries such as life insurance and retirement accounts, accounts with payable-on-death designations, property owned jointly with rights of survivorship, and assets held in a revocable living trust all pass outside probate. Only assets titled in the decedent’s sole name typically require administration, which is why two estates of similar total size can have very different probate timelines.