In Florida, a straightforward formal administration typically takes six to twelve months from the date the petition is filed until the estate is closed and assets are distributed. Simpler estates that qualify for summary administration can wrap up in a matter of weeks, while estates burdened by creditor disputes, will contests, real property sales, or — very commonly — the absence of a valid will, can stretch well past a year. The timeline is driven less by the size of the estate and more by how clean the paperwork is, how many people have a claim to it, and how cooperative everyone involved decides to be.
That is the short answer. The longer answer is worth understanding, because in my years handling probate matters here in Palm Beach County, the cases that drag on rarely do so for the reasons families expect. Below I’ll walk through the actual phases of a Florida probate, the statutory clocks that govern each one, and the specific reasons a case slows down — with particular attention to what happens when someone dies intestate, meaning without a will.
The Two Main Types of Florida Probate (and How Each Affects Timing)
Florida law, under Chapter 733 of the Florida Statutes, recognizes two primary forms of probate administration, and the one your case falls into largely sets the baseline for how long it will take.
Summary Administration: Weeks, Not Months
Summary administration is the faster track. Under Florida Statute § 735.201, an estate qualifies if either the value of the probate assets (excluding exempt homestead property) is $75,000 or less, or the decedent has been dead for more than two years. There is no personal representative appointed in the traditional sense, and no formal creditor period to wait out once the two-year mark has passed. When the facts line up cleanly, I’ve seen summary administrations completed in four to eight weeks.
Formal Administration: The Standard Six-to-Twelve-Month Path
Formal administration, governed by Chapter 733, is what most estates require. A personal representative is appointed, letters of administration are issued, creditors are notified, and assets are inventoried, managed, and ultimately distributed under court supervision. This is where the bulk of Florida probate cases live, and where the six-to-twelve-month estimate comes from.
It’s worth noting that Florida is unusual in requiring an attorney for nearly all formal administrations. Florida Probate Rule 5.030 mandates that a personal representative be represented by counsel unless the representative is the sole interested party. That requirement, frustrating as it sometimes seems to families, exists precisely because the process has so many moving parts.
The Statutory Clock: Why Florida Probate Can’t Just Be Rushed
Even a perfectly cooperative family with a clean estate cannot close probate overnight, and that’s by design. Several mandatory waiting periods are baked into the law, and no judge will waive them.
- The creditor claim period. Under Florida Statute § 733.702, creditors generally have three months from the date of first publication of the Notice to Creditors to file claims against the estate. Known or reasonably ascertainable creditors must be served directly and get 30 days from service if that period is longer. This three-month window alone establishes a practical floor — you simply cannot safely distribute and close an estate before it expires.
- Notice of administration. Interested persons served with the Notice of Administration under § 733.212 have 90 days (or 30 days from service in some cases) to object to the will’s validity, the venue, or the appointment of the personal representative. Those objection windows have to run their course.
- Inventory and accounting. The personal representative must file an inventory within 60 days of issuance of letters and, before closing, render a final accounting. Gathering accurate values for accounts, real estate, and personal property takes time, especially when records are scattered.
Stack these overlapping but non-negotiable periods together and you arrive at the reality that even the smoothest formal administration rarely closes in under six months.
Why Probate Takes Longer Without a Will
This is the part that catches families off guard, and it’s the focus of much of our practice. When a person dies testate — with a valid will — the document names a personal representative, identifies the beneficiaries, and states how assets should be divided. When someone dies intestate, Florida’s intestacy statutes step in to fill all of those gaps, and that substitution adds friction at nearly every stage.
Determining Heirs Under Florida’s Intestacy Law
Without a will, the estate passes according to Florida Statutes §§ 732.101 through 732.111. The surviving spouse and descendants take first, with the specific shares depending on whether all descendants are also descendants of the surviving spouse. If there’s no spouse or descendants, the law works outward to parents, then siblings, then more distant relatives. Identifying and locating every legal heir — sometimes including half-siblings, estranged relatives, or descendants the family didn’t know about — can require genealogical research and added court filings. Each unknown heir is a potential delay.
No Named Personal Representative Means a Contest Over Who Serves
A will usually names an executor. In an intestate estate, Florida Statute § 733.301 sets the order of preference for who may serve as personal representative: the surviving spouse first, then the person selected by a majority of the heirs, then the heir nearest in degree. When family members disagree about who should be in charge — and in contentious families, they often do — that fight has to be resolved before the administration can even properly begin. I have seen estates lose two or three months purely to a dispute over appointment.
Bond Requirements and Heightened Scrutiny
Because no will waives the bond requirement, intestate personal representatives are more likely to be required to post a fiduciary bond. Securing a bond takes time and money, and the court tends to scrutinize accountings more closely when there’s no testamentary instrument guiding distributions.
The practical upshot: intestate estates in Florida routinely run several months longer than comparable estates with a clear, valid will. If you’re researching this topic because a loved one died without a will, that’s the single most important variable to plan around. For a broader look at how no-will estates are handled, our Florida probate overview walks through the process step by step.
The Most Common Reasons a Florida Probate Drags On
Setting aside the statutory minimums, here are the real-world factors that turn a nine-month case into a two-year ordeal:
- Will contests and litigation. A challenge to the will’s validity — based on undue influence, lack of capacity, or improper execution — converts an administrative proceeding into litigation, often adding a year or more. These disputes mirror the kind of probate litigation our colleagues handle in other jurisdictions; for context on how contested matters unfold in another state, see this overview of .
- Creditor disputes. If the personal representative objects to a claim, the creditor can file an independent action, and the estate stays open until it’s resolved.
- Selling real property. Homestead determinations, title issues, and the simple reality of a slow real estate market can hold an estate open for many months.
- Federal estate tax returns. Large estates that must file a federal estate tax return generally cannot close until the IRS issues a closing letter, which can take well over a year.
- Missing or uncooperative parties. An heir who can’t be found, won’t sign a waiver, or lives overseas can stall distribution indefinitely.
- Disorganized records. When the decedent’s financial life was a paper trail nobody can follow, simply building an accurate inventory eats weeks.
How the Process Differs From Other States
Families who have handled an estate elsewhere often assume Florida works the same way. It doesn’t. New York, for example, distinguishes between probate (for testate estates) and administration (for intestate ones) through the Surrogate’s Court, with its own procedural quirks — a useful comparison is this explanation of . Florida’s homestead protections, its mandatory-attorney rule, and its specific creditor timelines make it its own animal. If you own property in more than one state, you may even face ancillary probate, which compounds the timeline further.
Practical Steps to Keep Your Florida Probate Moving
The single biggest lever on timing is preparation. Estates move fastest when the personal representative comes to the first meeting with the original will (if any), a death certificate, and a working list of assets and known creditors. Responding promptly to your attorney’s document requests, communicating openly with co-heirs, and resolving disagreements early — before they harden into litigation — will shave more time off your case than any procedural trick.
If you’re an heir to an estate with no will, the smartest first move is to consult counsel before a dispute over the personal representative role even arises. Our firm and our Florida colleagues at handle these intestate matters regularly, and early guidance often prevents the exact delays described above. You can also review our notes on why having a will matters to understand what your family avoids by planning ahead, or simply reach out to our Palm Beach office to discuss your specific situation.
The Bottom Line on Florida Probate Timelines
Plan for six to twelve months for a typical formal administration, a few weeks for a qualifying summary administration, and notably longer if the estate is contested, holds real property, owes estate tax, or — most relevant to the families we serve — passes without a will. The waiting periods built into Florida law are fixed, but most of the avoidable delay comes from disputes and disorganization, both of which good counsel can help you head off before they start.
Frequently Asked Questions
How long does probate take in Florida on average?
A typical formal administration in Florida takes about six to twelve months from filing to closing. Estates that qualify for summary administration under Florida Statute § 735.201 can close in as little as four to eight weeks, while contested or complex estates often take more than a year.
Does probate take longer if there is no will in Florida?
Yes. When someone dies intestate (without a will), Florida’s intestacy statutes (§§ 732.101-732.111) govern who inherits, and the court must determine heirs and appoint a personal representative under the order of preference in § 733.301. Disputes over who serves, heir-location issues, and bond requirements commonly add several months to the timeline.
What is the shortest a Florida probate can take?
Summary administration is the fastest path. If the probate assets are valued at $75,000 or less (excluding homestead), or the decedent has been deceased for more than two years, an estate can sometimes be completed in roughly four to eight weeks when the facts are clean and undisputed.
Why is there a mandatory waiting period in Florida probate?
Florida Statute § 733.702 generally gives creditors three months from first publication of the Notice to Creditors to file claims, and § 733.212 gives interested persons 90 days to object to the administration. These overlapping statutory periods must run before an estate can safely close, which is why even simple formal administrations rarely finish in under six months.
Do I need an attorney for probate in Florida?
In most cases, yes. Florida Probate Rule 5.030 requires a personal representative to be represented by an attorney in a formal administration unless the representative is the sole interested party. The requirement exists because the process involves numerous statutory deadlines, filings, and fiduciary duties.
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For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles .
