How Long Does Probate Take in Florida?

Closeup image of judge gavel, wooden house and word PROBATE.

In most cases, the Florida probate process takes between six months and one year to complete. If an estate is small and qualifies for a faster version of the process, it may only take a few weeks or months. However, larger estates with many assets or those facing family disagreements can take significantly longer. Understanding the factors that influence the timeline can help families prepare for what to expect during this legal transition.

Key Takeaways about How Long Probate Takes in Florida

Florida offers two main types of probate: Summary Administration for smaller estates and Formal Administration for larger ones.
The mandatory three-month creditor period is a major factor in determining how long the process lasts.
Estates with complex assets, such as real estate or business interests, typically require more time to settle.
A clear and valid will can speed up the court’s ability to approve the distribution of assets.
Disputes between beneficiaries or challenges to the will can extend the timeline by several months or even years.

Understanding the Different Types of Probate

The amount of time it takes to settle an estate often depends on which legal path the court requires. Florida law provides different options based on the value of the property left behind and how long ago the person passed away.

Summary Administration: This is a shorter version of probate used for estates worth less than $75,000 or when the person has been deceased for more than two years.
Formal Administration: This is the standard process used for most estates that exceed the $75,000 limit and requires the appointment of a personal representative.
Disposition Without Administration: This is a very limited option used only to reimburse someone who paid for final expenses, like funeral costs, out of their own pocket.

The court decides which process is necessary based on the Florida Probate Code. Choosing the right path from the start helps avoid unnecessary delays in the legal system.

The Mandatory Three-Month Creditor Period

One of the main reasons probate cannot be finished in a single week is the requirement to notify creditors. Creditors are people or companies to whom the deceased person owed money, such as credit card companies or medical providers.

The personal representative must publish a notice in a local newspaper to alert potential creditors.
Once that notice is published, creditors have exactly 90 days to file a claim against the estate.
The personal representative must also directly notify known creditors, who then have a specific window to respond.

Because this 90-day window is required by law, even the most efficient estates usually stay open for at least four or five months. Making sure all bills are paid correctly protects the heirs from future legal trouble regarding the inheritance.

Factors That Impact the Probate Timeline in Miami

Local factors in Miami-Dade County can also play a role in how fast things move. From the busy schedule of the Miami-Dade County Clerk of the Courts to the complexities of the local real estate market, several variables come into play.

Real Estate Sales: If a house near the Miracle Mile or a condo in Coconut Grove needs to be sold, the time it takes to find a buyer and close the sale will add to the probate timeline.
Tax Issues: Larger estates may need to file federal estate tax returns, which can take several months for the IRS to process.
Missing Heirs: If the person did not leave a will or if the listed beneficiaries cannot be found, the court must spend time searching for the rightful heirs.

When real estate is involved, the court often needs to approve the sale before the property can be transferred to a new owner. This step confirms that the sale is fair and that the money will be handled properly.

The Role of the Personal Representative

The personal representative is the person the court puts in charge of managing the estate. In other states, this person is often called an executor. Their efficiency and organization have a huge impact on how long probate takes in Florida.

Gathering Assets: They must find and protect all property, including bank accounts, jewelry, and vehicles.
Record Keeping: They are responsible for keeping a detailed list of every dollar that comes in or goes out of the estate account.
Communication: They must keep beneficiaries informed about what is happening and when they might receive their inheritance.

If the personal representative is slow to gather paperwork or fails to communicate with the court, the process can drag on. Having a reliable person in this role helps the family move through the legal requirements with less stress.

Dealing with Disputes and Litigation

Sometimes, family members do not agree on how the estate should be handled. When people fight over a will or how assets are being managed, the case moves into probate litigation. This can significantly change the answer to the question of how long the process takes.

Will Contests: If someone believes the will is fake or was signed under pressure, a judge must hear evidence before the case can proceed.
Disagreements Over Assets: If two siblings both want the same family heirloom or property, it may take time for a mediator or judge to resolve the conflict.
Accountability Issues: If beneficiaries believe the personal representative is not doing their job correctly, they may ask the court to step in.

Legal disputes are one of the most common reasons probate lasts longer than a year. Resolving these issues through clear communication or mediation can sometimes help get the process back on track sooner.

How to Help the Process Move Faster

While some parts of the timeline are controlled by the law, there are steps families can take to keep things moving. Being prepared with the right information makes it easier for the court to review the case.

Locate the original, signed will as soon as possible, as the court cannot start the formal process without it.
Create a list of all known assets, including account numbers and locations of physical property.
Gather the contact information for all beneficiaries and creditors early in the process.

Staying organized and responding quickly to requests for information can shave weeks off the total time spent in court. A proactive approach allows the family to focus on honoring their loved one instead of worrying about paperwork.

Probate Process in Florida FAQs

After a person passes away, their family often has questions about the specific rules and timelines for settling an estate. These common questions address topics that influence the duration of the legal process.

Can a family member drive the deceased person’s car while probate is still open?

In most cases, the car should not be driven until the court officially transfers the title to a beneficiary or the personal representative gives permission. If the car is involved in an accident before the title is transferred, the estate could be held responsible for damages. It is usually best to keep the vehicle parked in a safe location until the court paperwork is finished.

What happens to the timeline if the person died without a will?

When there is no will, the estate is called “intestate.” This usually makes the process take longer because the court must follow specific Florida laws to determine who the legal heirs are. The judge may also require more hearings to confirm the family tree and appoint a personal representative that everyone agrees on.

Are there ways to receive an inheritance before the probate process is finished?

Some personal representatives may choose to make a partial distribution if they are certain that all debts and taxes have been covered. However, they are not required to do this, and many prefer to wait until the very end to make sure no unexpected bills appear. Taking money out of the estate too early can lead to legal problems if the estate later runs out of funds to pay creditors.

How do court filing fees and costs affect the length of the case?

While fees themselves don’t necessarily slow down the clock, a lack of funds to pay them can cause delays. The estate must have enough cash to cover filing fees, publication costs for the notice to creditors, and any appraisal fees for property. If the estate is “land rich but cash poor,” it might take time to sell an asset just to pay for the costs of running the probate case.

Does the age of the deceased person affect how fast probate goes?

The age of the person does not directly change the legal timeline, but it can influence the complexity of the assets. For example, a younger person might have more complicated employment benefits or life insurance policies, while an older person might have more established investments or multiple properties. Each of these different asset types requires specific paperwork that the court must review.

Secure Your Family’s Future with The Estate Plan

Peter Dyson – Probate Attorney

Managing the legal steps after a loss is a significant responsibility, but you do not have to do it by yourself. At The Estate Plan, our team helps Miami families plan for “What If” and stay prepared for “What Now.”

We focus on creating uniquely tailored solutions that bring your family peace of mind and protect the people you love most. Whether you are looking to create a plan that avoids the court process or you need help with a current estate, we are here to listen and provide compassionate guidance. Contact The Estate Plan in Coral Gables today to learn how we can help you protect your legacy.

Published On: January 5, 2026