How Long Does Probate Take in Florida?

The question families ask most often in the first meeting is how long this is going to take. The honest answer is that it depends on which type of probate the estate needs — and, within formal administration, on a handful of facts about the estate itself. Below we walk through both tracks, a month-by-month view of formal administration, what reliably extends the timeline, and how these timelines play out locally in the Orange County Probate Division.

Summary administration under Fla. Stat. § 735.201 is the shorter track. It is available when the total value of the estate's non-exempt assets does not exceed $150,000 for decedents dying on or after July 1, 2026 under CS/SB 1500 ($75,000 for earlier deaths), or when the decedent has been dead for more than two years so that creditor claims are barred by statute.

In a summary administration, no personal representative is appointed. The court reviews the petition and enters an Order of Summary Administration directing each asset holder — a bank, a brokerage firm, the county recorder, the DMV — to release the asset directly to the beneficiaries named in the order. In Orange County, an uncontested summary administration that is correctly prepared typically closes in four to eight weeks from the date of filing.

Formal administration under Fla. Stat. § 733.101 et seq. is required for any estate that does not qualify for summary administration and any estate that needs an active personal representative — to sell real property, to sue or defend on behalf of the estate, to manage ongoing rental income, or to administer a complex asset mix.

A straightforward formal administration in Orange County — no contested claims, no disputed distributions, no federal estate tax return — typically takes between six and twelve months. The minimum is largely set by the three-month creditor claims period under Fla. Stat. § 733.702, which cannot be shortened regardless of how quickly everything else moves.

The range above conceals a lot of variance. A clean estate with marketable assets, a cooperative family, no tax issues, and a personal representative who responds promptly can close near month six. An estate with a contested will, commercial real estate that needs a partition sale, a federal estate tax return that requires IRS clearance, or a beneficiary who objects to the accounting can be open for two years or more. The breakdown below reflects the path of a typical uncontested formal administration, month by month.

The first month involves reviewing the will, identifying the proposed personal representative (PR), ordering certified death certificates, gathering a preliminary asset list, and preparing the Petition for Administration. The petition is filed with the Orange County Probate Division along with the original will, the death certificate, and the proposed Order of Appointment.

Filing fees in Orange County are based on the value of the estate and are paid at this step. The court reviews the petition and, if everything is in order, enters the Order of Appointment and directs the Clerk to issue Letters of Administration.

Once Letters of Administration issue, the PR has legal authority to act. Month two involves: presenting Letters to financial institutions and transferring accounts into the estate; serving the Notice of Administration on all beneficiaries under Fla. Stat. § 733.212 (which starts the 90-day window for beneficiaries to contest the will or object to the PR); publishing the Notice to Creditors in a local newspaper and serving it on every known creditor under Fla. Stat. § 733.2121.

The Notice to Creditors publication starts the three-month creditor claims period. This clock runs whether or not any actual claims are filed.

Within 60 days after Letters issue (which in practice usually lands in month two or three), the PR files an Inventory of the estate listing every probate asset at its date-of-death value under Fla. Stat. § 733.604. We coordinate appraisals during this period for real estate, business interests, and other assets where date-of-death value is not self-evident from a statement.

During this period, the PR manages estate property, responds to any creditor claims that come in, and handles estate tax obligations. This includes obtaining the estate's EIN, coordinating the decedent's final Form 1040, and — for taxable estates — preparing the Form 706 federal estate tax return (due nine months from date of death, with a six-month extension available).

For estates with real property to sell, the marketing and sale process typically runs during this window. Court authorization is required before the PR sells homestead property; other real property generally does not require court approval unless the will or Letters restrict the PR's powers.

The creditor claims period ends three months after the first publication of the Notice to Creditors. Once it closes, the PR reviews each filed claim, pays valid ones, and objects to claims that are improperly stated, untimely, or overstated. Creditor claims must generally be objected to within 30 days of filing (or service, if later). An unchallenged claim becomes a judgment against the estate.

Once creditor claims are resolved and major estate transactions are complete, the PR prepares the Final Accounting — a detailed record of every receipt and disbursement during the administration, the fees paid to the PR and to counsel, and the assets remaining for distribution. The Final Accounting is served on all residuary beneficiaries with a Notice of the right to object under Fla. Prob. R. 5.346.

Beneficiaries who approve can sign waivers of objection. If no objections are filed within the objection period, the PR proceeds to the Petition for Discharge.

The PR files a Petition for Discharge with the proposed plan of distribution — who gets what, in what form, in what amount. After the court approves the accounting and plan, the PR distributes the remaining estate assets, obtains Receipts and Releases from each beneficiary, and files them with the court. The court enters the Order of Discharge, releasing the PR from further duty. The estate is closed.

For most uncontested formal administrations, this sequence from petition filing to Order of Discharge takes nine to twelve months. Contested matters, tax issues, or complex asset sales extend the timeline — sometimes significantly. But if you are in month twelve of an uncontested estate and nothing has been disputed, the end should be in sight.

Several factors consistently lengthen formal administration beyond twelve months:

A contested will or disputed personal representative qualification requires briefing, hearings, and sometimes a bench trial. A single will contest can add a year or more.

A federal estate tax return (Form 706, due nine months from date of death for taxable estates) adds complexity and, sometimes, IRS processing time.

Real estate that requires marketing, sale, and court authorization to close — particularly commercial property or homestead property — adds several months to the timeline.

A personal representative who is unresponsive, disorganized, or in conflict with the beneficiaries creates delays at every step of the administration.

Out-of-state ancillary proceedings — for a Florida resident who also owned property in another state, or for a non-Florida resident who owned Florida property — require parallel administration in multiple jurisdictions.

Because our firm is based in Orlando, the substantial majority of our formal administrations run through the Orange County Probate Division of the Ninth Judicial Circuit — one of the highest-volume probate courts in the state. A properly prepared, uncontested summary administration there typically receives a ruling within two to four weeks of filing and closes end to end in four to eight weeks. Formal administration has a practical minimum of about six months, driven by the mandatory three-month creditor-claims period, with most uncontested estates closing between nine and twelve months.

Two things extend Orange County timelines in particular. Central Florida's real-estate market means many estates hold residential or investment property, and a sale that requires court authorization under Fla. Prob. R. 5.370 — or a partition action when co-owners disagree — can add six to twelve months. The division also sees a significant volume of contested matters, which go on an evidentiary-hearing calendar that may be set months out; a contested Orange County administration that reaches an evidentiary hearing typically runs eighteen to thirty-six months.

If the estate qualifies for summary administration and is properly prepared: four to eight weeks.

If formal administration is required and nothing is contested: six to twelve months.

If there are disputes, tax issues, or complex assets: twelve to twenty-four months, or longer.

The conversation at the initial consultation is about which of those applies to your estate — and what, if anything, can be done to move toward the shorter end of the range.