Florida Probate Timeline and Deadlines (2026)

Florida summary administration has no waiting period and streamlined procedures, and many estates finish in 2 to 4 months (typical; varies by county).

Summary Administration Timeline

• Week 1: Petition filed with the probate court (by the petitioners or their attorney)
• Weeks 2-3: Serve known creditors after a diligent search; publication is optional (Section 735.2063)
• Weeks 3-8: Court reviews and enters the order of summary administration
• Weeks 8-12: Distribute assets under the order
• Total: typically 2 to 4 months (typical; varies by county)

Key Deadlines

No waiting period: A petition for summary administration can be filed at any stage (Section 735.2055).

Serve known creditors: Make a diligent search and serve known creditors with the petition, and provide for payment, before the order (Florida Statutes Section 735.206(2)).

Creditors in formal administration: Creditors generally have until the later of 3 months after first publication of the notice to creditors or 30 days after being served (Section 733.702). Most claims are barred 2 years after death (Section 733.710).

Distribution: There is no closing petition in summary administration. The order of summary administration lets you distribute the assets to the people entitled to them (Fla. Stat. 735.206(3)). Each person who receives property can be liable for a pro rata share of valid claims up to the value received, and after 2 years from the death neither the estate nor those who received property are liable for a claim unless proceedings were taken to enforce it (735.206(4)(e), (f)). A known creditor who was not served can enforce the claim and recover attorney fees from those who joined in the petition (735.206(4)(d)). If you publish a notice to creditors and prove publication, claims of unknown creditors are barred unless filed within 3 months after first publication (Section 735.2063).

Formal Administration (If the Estate Exceeds $150,000 and the Decedent Died Less Than 2 Years Ago, or the Will Directs Administration)

Attorney notice: Florida requires a personal representative to be represented by a Florida attorney unless the personal representative is the only person interested in the estate (Florida Probate Rule 5.030(a)). Use this plan to organize the work with your attorney.

• Filing to appointment: 4 to 8 weeks (typical; varies by county)
• Notice of administration: serve promptly on the surviving spouse and beneficiaries (Section 733.212)
• Publication and AHCA: publish once a week for 2 consecutive weeks (Section 733.2121(2)); serve the Agency for Health Care Administration within 3 months after first publication if the decedent was 55 or older (Section 733.2121(3)(d)); file proof of publication within 45 days (Probate Rule 5.241)
• Creditor claim period: Generally 3 months after first publication, or 30 days after service if later
• Inventory filing: 60 days after letters are issued (Probate Rule 5.340)
• Accounting and distributions: 2 to 4 months
• Total: typically 6 to 12 months (typical; varies by county)

Use ExecutorBench's free eligibility checker to see which Florida route usually applies and to track your deadlines.

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