How Long Do You Have to File Probate After Death in Florida?

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What is the estimated probate time in Florida? Although there is probably no specific response to this question, there are usually some general suggestions that can be offered. The Florida probate time frame varies depending on the circumstances as well as the district in the state, but there are some common timelines that you should familiarize yourself with. You, as well as your family, will undoubtedly require some time to mourn the loss of a loved one who passed away in Florida.

However, according to Florida probate statutes, you cannot put off starting the estate administration procedure for too long. It can be easier to ensure that all Florida probate dates are followed if you have an estate administration attorney by your shoulder from the beginning.

How long does the Florida probate process take?

In Florida, once someone passes away, leaving just assets in their name, a probate case must be opened. The distribution of assets is governed by your loved one’s Will as well as Florida intestate law if they passed away without a Will in this estate administration matter. Expect to work with a Florida probate court representative as well as an estate administration lawyer for anywhere between three months and two years. Probate duration varies according to the following:

  • Regardless of whether your family practices informal or formal management
  • Whether there are any pending claims from creditors against the estate
  • Whether the Will is contested by any of the heirs of your deceased loved one

Most estates are closed off within 18 months, even with a formal administration. All claims, however, must be made against an estate within two years of the decedent’s passing.

How long after a death must a Florida resident file for probate?

The will must be submitted to the court within 10 days of the decedent’s passing. After the will has been submitted, you may submit a petition to begin the probate procedure. If the deceased had no will, you might start the probate process as soon as the person passes away.

Florida state administration probate timeline

The family, the personal representative, as well as the court must all follow a set of procedures while a will is being probated. This procedure is streamlined by summary administration, which eliminates some of these procedures.

Although every case is unique and occasionally additional or different processes may be needed, the following is a common timeframe for probate. You can even check out if you are interested in learning as well as need help from a worthy attorney with the whole process.

Start the probate process by submitting the original will

Within ten days of learning of the decedent’s passing, whoever owns the Last Will as well as Testament must file it with the Florida Probate Court in the area where the decedent resided. This initiates the probate procedure, together with a request for estate administration.

Letters of Administration and Personal Representative Appointment

The personal representative (also referred to as the executor) chosen to handle the estate’s administration will typically get letters of administration from the probate court in one to four weeks. Typically, the Will names this individual as the beneficiary.

Notice of Administration should be sent to Heirs and Beneficiaries

According to Florida intestate statutes, the personal representative is required to give notice that an estate administration has started to the beneficiaries named in the Will as well as any other possible heirs. Beneficiaries and some other interested parties have just 20 days or perhaps 3 months from the date of notice to oppose the Will, the appointment of a personal representative, or even other legal facets of the estate administration.

Publish and serve a notice to creditors

The deceased’s creditors must be located and quickly informed that the person has passed away and that an estate has indeed been opened by the personal representative in collaboration with their estate administration lawyer.

To alert any creditors whose interest might have been ignored, the notification to creditors must also be published for 2 continuous weeks. The Florida probate regulations mandate that after creditors are given notice, they must submit their complaints against the estate no later than the later of 30 days following notice service or three months following notice publication.

Show evidence of death

Within three months of publishing notice to creditors in such a formal administration, a formal death certificate or even other evidence of the deceased’s demise must be presented to the court. Additionally, it needs to be submitted before the submission of a summary administration.

Inventory of the Estate’s Assets

The executor must then make an inventory of the estate’s property and determine its value. All beneficiaries must get a copy of an inventory of the assets as well as their valuations, which must be submitted to the court.

Address claims made by creditors

Within three months of publication, if any creditors file claims, the personal representative must reply to their demands by paying them or disputing bad debts within a 30-day window. Following that, the creditor has 30 days to initiate an independent lawsuit against the estate, failing which the claim is waived.

Address the election rights of the surviving spouse

Unlike what the deceased’s will would have said, Florida’s probate law grants surviving spouses specific rights to their joint residence, certain exempt property, as well as a portion of the estate overall. Within the first six months of the probate process, spouses are typically required to decide whether to utilize these election rights.

Divide the assets

The personal representative can divide the remaining assets following the stipulations of the Will once all claims against the estate have been paid. Every beneficiary must attest in writing that they have obtained their rightful inheritance by signing a receipt or other document. After receiving their Letters of Administration, the personal representative should file these with the court, usually within a year.

The Estate’s closure

Last but not least, the personal representative may submit a petition to seal the estate as well as conclude the probate procedure once all of the assets have been distributed.


To conclude, you should know by now that there is a limited time when filing for private in Florida after the passing of someone dear to you. Additionally, you must know that probate in Florida can also be quite difficult to deal with, which is why you should get the help needed from an experienced and skilled attorney to get the work done accurately.