If you’ve recently lost a loved one, you’re likely wondering, “How long does probate take in Florida?” While every estate is different, most Florida probate cases take anywhere from 6 to 12 months, although some can be completed in just a few months while others may last several years.
Understanding the probate timeline can help you know what to expect and avoid unnecessary delays. Here’s what you need to know about how long probate takes in Florida and the factors that can affect the process.
Probate Law in Florida
What Is Probate?
Probate is the legal process of administering a deceased person’s estate. During probate, the court oversees the distribution of assets, payment of debts, and transfer of property to beneficiaries according to the will or Florida law if there is no will.
Not every asset goes through probate. Property held in a living trust, jointly owned property with rights of survivorship, retirement accounts with named beneficiaries, life insurance policies with named beneficiaries, and payable-on-death accounts with named beneficiaries typically pass directly to beneficiaries without court involvement.
Average Probate Timeline in Florida
The length of probate depends largely on the size and complexity of the estate.
Summary Administration
Summary Administration is Florida’s simplified probate process for estates less than $75,000 in value (the value of homestead is not included in that amount, so you do not add the value of the home to determine whether you can file a summary administration). That value will increase to $150,000 on July 1, 2026 for those people passing away after that date. It is generally available when the value of the probate estate is relatively small or when the decedent has been deceased for more than two years.
Typical timeline: 1 to 4 months
Because there is less court supervision and fewer procedural requirements, Summary Administration is often completed much faster than Formal Administration.
Formal Administration
Formal Administration is the most common type of probate in Florida. It is required for larger or more complex estates and involves court supervision throughout the process.
Typical timeline: 6 to 12 months
However, if the estate involves litigation, multiple properties, business interests, or family disputes, probate can take 18 months, two years, or even longer.
What Causes Probate to Take Longer?
Several factors can significantly increase the length of probate.
Creditor Claim Period
One of the biggest factors is Florida’s creditor claim process. After the personal representative publishes a Notice to Creditors, creditors generally have three months to file claims against the estate.
Even in straightforward cases, this waiting period prevents many estates from closing quickly.
Family Disputes
Disagreements among beneficiaries can delay probate for months or years. Common disputes include:
- Challenging the validity of the will
- Disagreements over asset distribution
- Allegations of undue influence
- Conflicts regarding the personal representative
When litigation occurs, probate often becomes much more time-consuming.
Difficulty Finding Assets
Some estates include forgotten bank accounts, investment accounts, real estate, or valuable personal property that must be located and valued before distribution.
The more assets involved, the longer probate typically takes.
Selling Real Estate
If the estate owns a home or other real estate that must be sold before beneficiaries receive their inheritance, probate usually takes longer. Delays in the real estate market, inspections, title issues, or financing can all extend the timeline.
Tax and Financial Issues
Although Florida does not have a state estate tax, some estates may have federal tax obligations or complicated financial matters that require additional accounting and legal work.
Can Probate Be Finished Faster?
While some parts of probate cannot be rushed, there are ways to help the process move more efficiently. These include:
- Locating the original will quickly
- Gathering financial documents early
- Responding promptly to requests from the probate attorney (very important!)
- Keeping accurate records of estate assets
- Maintaining communication among beneficiaries
- Hiring an experienced Florida probate attorney
The more organized the estate is, the smoother the probate process generally becomes.
What Happens During Probate?
Although every estate is unique, the probate process usually follows these general steps:
- File the probate petition with the court.
- Appoint the personal representative.
- Notify beneficiaries and creditors.
- Inventory and value estate assets.
- Pay valid debts and expenses.
- File required court documents.
- Distribute assets to beneficiaries.
- Close the estate.
Each step must be completed before the estate can officially close.
How to Avoid Probate Delays
Families can reduce delays by planning ahead before probate ever becomes necessary. Estate planning tools that may help avoid or simplify probate include:
- Revocable living trusts
- Beneficiary designations
- Joint ownership with rights of survivorship
- Transfer-on-death and payable-on-death accounts
- Updated wills and estate planning documents
Working with an experienced estate planning attorney can help ensure your assets transfer as efficiently as possible.
Frequently Asked Probate Questions
Can probate be completed in less than six months?
Yes. Some Summary Administration cases are completed in as little as one to four months. However, most Formal Administration cases require at least six months due to Florida’s creditor claim period.
What is the longest probate can take?
Complex probate cases involving contested wills, litigation, difficult asset sales, or tax issues may remain open for several years.
Does having a will avoid probate?
No. A will provides instructions for distributing assets, but it usually must still be admitted to probate. Assets held outside of probate, such as those in trusts or with beneficiary designations, generally avoid the probate process.
Work with a Probate Attorney in Lake Mary and Orlando, Florida
So, how long does probate take in Orlando, Florida? For most families, the answer is between six and twelve months, although simpler estates may finish sooner and more complicated estates can take significantly longer.
The best way to keep probate moving efficiently is to work with an experienced Florida probate attorney who can guide you through each step, ensure legal requirements are met, and help resolve issues before they become costly delays. Friedman Law P.A. offers probate attorney services in Lake Mary and Orlando, Florida.
If you have questions about Florida probate or need assistance administering an estate, speaking with a knowledgeable probate attorney can provide peace of mind during an already difficult time. You can reach Friedman Law, P.A. online or by phone at (407) 830-6331.