How Long Does the Probate Process Take in Florida?

How Long Does the Florida Probate Process Take?


When it comes to probate in Florida, the timeline can vary based on the type of probate you’re engaged in. A summary administration will typically take about two to three months, although factors like creditors of the estate or difficulties in locating beneficiaries can impact this timeline. On the other hand, the more common type of probate is a formal administration.

Formal administration generally takes at least six months due to a mandatory creditor period that keeps the estate open. The average duration for a formal administration is typically around twelve months, but this can stretch longer for taxable estates or estates with intricate or complex assets. Creditors and disputes among beneficiaries can also contribute to a lengthier process. For a comprehensive understanding of probate administration in Florida, explore our detailed insights below.

Navigating Probate Administration in Florida: What to Expect

Probate administration timelines in Florida can vary, primarily depending on the type of probate being conducted. If you’re considering the process, it’s essential to understand the different timelines associated with summary administration and formal administration.

  1. Summary Administration: 2-3 Months

Summary administration is a streamlined probate process, typically completed within two to three months. This expedited timeline is contingent on various factors, such as the presence of creditors or challenges in locating beneficiaries. If the estate meets the criteria for a summary administration, this can be a quicker route to resolution.

  1. Formal Administration: Minimum of 6 Months

Formal administration, the more common type of probate, requires that the estate be kept open during a mandatory creditor period. This period allows creditors to come forward and submit claims against the estate. While six months is generally the minimum, the process often extends to around twelve months, considering the complexity of assets, potential estate taxes requiring a 706 return, creditor disputes, and other legal intricacies.

Factors Influencing Probate Duration:

  • Taxable Estates: If the estate owes estate taxes and necessitates preparing and filing a 706 return, the probate process can be much more prolonged.
  • Complex Assets: The intricacy of the estate’s assets, such as investments, real estate, or business holdings, can contribute to a lengthier administration.
  • Creditor Disputes: Disputes among creditors or beneficiaries can extend the probate timeline as legal matters are resolved.

While the average time for a standard formal probate administration in Florida is around twelve months, various factors can impact this duration. Understanding the distinctions between summary and formal administration and the potential complexities involved provides valuable insights for those navigating the probate process.

For more detailed information and expert guidance on probate administration in Florida, please call our office at 954-580-3690 or email [email protected].

About SJF Law Group

At SJF Law Group, our probate attorneys expertly guide individuals through the complex probate process and capably handle all aspects of the creation, administration, and settlement of estates and trusts. We work hard to ensure that your wishes will be followed, and your loved ones taken care of when you are gone. When you work with the probate and estate planning attorneys at SJF Law Group, you get more than just an estate plan: you get peace of mind. 

Our probate lawyers work with clients in Fort Lauderdale, Miami, Palm Beach, and Boca Raton, ensuring that your legacy is preserved, your family is protected, and your wishes are honored.

We can help answer any questions you might have about probate. So please call us at 954-580-3690 or submit a web inquiry on our contact page.

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