Probate is the court-supervised process of validating a deceased person's will, paying their debts, and transferring their assets to the people entitled to receive them. In Florida, probate is governed by the Florida Probate Code (Chapters 731–735 of the Florida Statutes) and the Florida Probate Rules. For most families, the two questions that matter most are simple: how long will it take, and how much will it cost?
The short answer: a typical Florida formal administration takes 6 to 12 months, while a summary administration can be completed in 4 to 8 weeks. Contested estates, federal estate tax filings, or hard-to-value assets can extend either timeline considerably.
The Two Types of Florida Probate
Formal Administration
Formal administration is the standard, full probate process. It requires the court to appoint a personal representative (called an executor in many other states) who is represented by a Florida attorney. Formal administration is used for most estates, particularly those with real estate, multiple beneficiaries, creditor issues, or assets above the summary threshold.
Summary Administration
Summary administration is a faster, simplified process available in two situations under F.S. § 735.201:
- The value of the probate estate (excluding property that is exempt from creditors, such as homestead) does not exceed the statutory threshold; or
- The decedent has been dead for more than two years.
Step-by-Step Florida Probate Timeline
Here is the typical sequence for a formal administration, with realistic timeframes for each phase:
| Step | What Happens | Typical Timing |
|---|---|---|
| 1. File petition | Petition for administration filed with the circuit court in the county of residence; will deposited with the clerk. | Weeks 1–3 |
| 2. Appoint personal representative | Court issues Letters of Administration authorizing the personal representative to act. | Weeks 2–6 |
| 3. Notice to creditors | Notice published and served on known creditors, opening the claim period. | Month 1–2 |
| 4. Creditor claim period | Mandatory 3-month window for creditors to file claims (F.S. § 733.701). | Months 2–5 |
| 5. Inventory & administration | Assets inventoried and appraised; debts, taxes, and expenses paid. | Months 2–8 |
| 6. Distribution & closing | Remaining assets distributed; final accounting filed; estate closed. | Months 6–12 |
The 3-month creditor claim period is the single biggest reason formal administration cannot be rushed. Even a simple, uncontested estate generally cannot close until that window has run.
What Makes Florida Probate Take Longer?
- Will contests or beneficiary disputes — litigation can add a year or more
- Federal estate tax returns — required for large estates and subject to IRS review
- Hard-to-value or illiquid assets — businesses, out-of-state property, collectibles
- Out-of-state real estate — may require a separate ancillary probate in another state
- Missing or unclear beneficiaries — heirs who must be located and served
- Creditor claims that must be litigated — disputed debts extend the timeline
How Much Does Probate Cost in Florida?
Florida law sets a presumptively reasonable attorney fee based on the value of the probate estate (F.S. § 733.6171). The statutory schedule is, in part:
- $1,500 for estates valued at $40,000 or less
- $2,250 for estates between $40,000 and $70,000
- $3,000 for estates between $70,000 and $100,000
- 3% of the value between $100,000 and $1 million
On top of attorney fees, expect court filing fees, the personal representative's statutory compensation, publication costs, and possible accounting or appraisal fees. In practice, total probate expenses commonly run 3% to 8% of the gross estate — money and months that proper planning can eliminate.
How to Avoid Florida Probate Entirely
Probate is avoidable with the right structure in place before death. The most effective tools for Florida families are:
- A funded revocable living trust — holds title to your assets so they transfer privately, without court involvement
- Lady bird (enhanced life estate) deeds — pass Florida real estate automatically at death while preserving control during life
- Payable-on-death (POD) and transfer-on-death (TOD) designations — for bank and brokerage accounts
- Tenancy by the entireties — for property held by married couples, which passes automatically to the survivor
- Beneficiary designations — on life insurance, retirement accounts, and annuities
Frequently Asked Questions
Related Reading
- Do I Need a Will, a Trust, or Both in Florida? — why a funded trust, not a will, is what keeps your family out of probate.
- How Much Does Probate Cost in Florida — and How to Avoid It — a closer look at the fees and the planning that eliminates them.
- What Is a Lady Bird Deed in Florida? — the enhanced life estate deed that passes real estate without probate.
- Does Florida Have an Estate or Inheritance Tax? — the taxes (and non-taxes) your estate will face.
Keep Your Family Out of Probate Court
A properly structured and fully funded estate plan can avoid probate entirely — saving your loved ones months of delay and thousands of dollars. Cornerstone builds the trust, deeds, and companion documents that make it work.
Start Your Florida Estate Plan →This article is for general informational purposes and does not constitute legal advice. Probate law is fact-specific and the figures above are general estimates, not a quote. Consult a licensed Florida attorney regarding your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida.