What Assets Are Exempt from Probate in Florida?
May 12, 2026
Florida Letter of Administration: What It Is, Who Issues It, and How to Get One
May 14, 2026Florida law does not set a fixed maximum time for how long an estate can remain open. However, the personal representative has a statutory duty under F.S. §733.602 to settle and distribute the estate as expeditiously and efficiently as is consistent with the best interests of the estate, and prolonged inaction can expose the personal representative to court proceedings for removal. Most straightforward formal administration cases close within 6 to 12 months. Summary administration cases typically resolve in 4 to 8 weeks. Contested estates, those requiring a real estate sale, or those waiting on IRS clearance can remain open for 2 to 4 years.
If you are a beneficiary or personal representative dealing with a Florida estate that seems stalled, a Florida probate attorney can review the facts and advise on next steps. Schedule a free 30-minute consultation.
Typical Florida Formal Administration Timeline
A straightforward formal administration with cooperative parties and no complications. Actual timelines vary by county docket and facts of the estate.
Month 0
Petition for administration filed
Month 1
Court appoints personal representative; letters issued
Months 1 to 4
3-month creditor claim period (F.S. 733.702)
Months 2 to 3
Inventory filed within 60 days of appointment
Months 5 to 9
Claims paid, real estate sold if needed, taxes handled
Months 9 to 11
Final accounting prepared and served on beneficiaries
Month 12
Petition for discharge granted (F.S. 733.901). Estate closed.
Summary administration typically closes within 4 to 8 weeks. Contested estates, real estate sales, or pending tax matters can extend the formal timeline to 2 to 4 years or longer.
Is There a Florida Statute That Limits How Long an Estate Stays Open?
There is no single Florida statute that says “an estate must close within X months.” The Florida Probate Code does not impose a universal deadline. What it does impose is an affirmative duty to move with reasonable diligence.
F.S. §733.602 requires the personal representative to settle and distribute the estate “as expeditiously and efficiently as is consistent with the best interests of the estate.” This is not merely aspirational language. Courts can remove a personal representative who is not fulfilling this duty, and beneficiaries have the right to petition for that removal under F.S. §733.504.
F.S. §733.901 addresses the final step: once administration is complete, the personal representative must obtain a court-entered order of discharge. Until that order is entered, the probate case remains open on the court docket, even if all the practical work is done. This means an estate can be effectively “finished” while still technically open, because the paperwork has not yet been filed and approved.
There are also specific deadlines for individual steps within probate. The creditor notice period under F.S. §733.702 runs three months from the date of first publication. Inventory must be filed within 60 days of appointment. These milestones create a structural floor: no estate can realistically close faster than the creditor period allows, but they do not create a ceiling.
“Open” vs. “Administered”: A Practical Distinction
An estate is technically “open” for as long as the probate case is active on the circuit court docket. An estate is “administered” when the personal representative has completed all substantive tasks: creditors paid or barred, assets distributed, inventory and final accounting filed. Many estates are administered in full but remain technically open for weeks or months while the petition for discharge works through the court’s review process. If the estate in your situation has been open a long time without apparent activity, the question is whether it is administered-but-pending or genuinely stalled.
Florida Estate Administration Timeline: Typical Ranges
These ranges reflect what is typical in straightforward and contested matters, respectively. They are not guarantees. The actual duration of any estate depends on the specific facts, the assets involved, the family dynamics, and the court’s docket in the relevant county.
Summary Administration: 4 to 8 Weeks
Summary administration is the shorter procedure, available when the net probate estate does not exceed $75,000 (increasing to $150,000 effective July 1, 2026 under CS/HB 1337) or when the decedent has been dead for more than two years, per F.S. §735.201. There is no formal administration process, no creditor publication period, and no personal representative appointment. Most uncontested summary administrations resolve within 4 to 8 weeks from the date the petition is filed.
Simple Formal Administration: 6 to 12 Months
A straightforward formal administration (clear assets, cooperative family, no litigation, no real estate sale) typically closes within 6 to 12 months from the date of the personal representative’s appointment. The 3-month creditor notice period under F.S. §733.702 is the structural minimum. Add time for the 60-day inventory deadline, preparation of the final accounting, service on all interested parties, and court review.
Formal Administration with Complications: 12 to 24 Months
When the estate includes a real property sale, disputed creditor claims, or title issues requiring additional court orders, expect a timeline of 12 to 24 months, depending on the nature and severity of the complication. A single unmarketable title issue can add 6 to 12 months if it requires a quiet title action.
Contested Probate (Will Contest, PR Removal): 2 to 4 Years
Once litigation enters the picture (a will contest, a creditor dispute that goes to hearing, or a proceeding to remove the personal representative), the timeline is driven by the circuit court’s docket and the scope of the disputed issues. Two to four years is common in contested matters. Some cases take longer.
Estates Requiring Federal Estate Tax Clearance: Add 1 to 2 Years
Estates above the federal estate tax exemption threshold may need to remain open pending IRS review and closing letters. The IRS processing timeline for estate tax returns has historically run 12 to 24 months beyond the return’s due date, though this varies. The personal representative cannot distribute the full estate or obtain final discharge until federal tax obligations are resolved.
What Delays a Florida Estate from Closing?
The following are the most common reasons a Florida estate remains open beyond the 6-to-12-month window typical of straightforward cases.
- Notice to creditors not published promptly. The 3-month creditor period under F.S. §733.702 cannot run until the notice is published. If the personal representative delays publication, every downstream step is pushed back by the same amount of time.
- Disputed creditor claims. Contested creditor claims must be resolved through settlement, a court ruling, or the expiration of the claims bar before the final accounting can be filed and the estate closed.
- Pending real estate sale. If the estate includes real property that must be liquidated, closing is delayed until the sale transaction closes. Market conditions and title issues add additional uncertainty.
- Unmarketable title. Title defects discovered during the sale process can require additional court orders or a quiet title action, each of which adds time and legal cost.
- Will contest. If an interested person challenges the validity of the will, the estate must stay open while the contest is litigated. Distribution cannot proceed until the will’s validity is established.
- Wrongful death litigation. Estates opened to pursue a wrongful death probate administration claim may remain open for the duration of that litigation.
- Federal estate tax. Estates above the federal exemption may remain open pending IRS audit clearance, as described above.
- Out-of-state or foreign assets. Assets in other jurisdictions require separate ancillary probate proceedings that run in parallel with the Florida case and must be resolved before final distribution.
- Uncooperative or overwhelmed personal representative. When the personal representative is not managing the estate with reasonable diligence, whether from unfamiliarity with the process, conflict with beneficiaries, or simple inaction, the estate stalls. Beneficiaries’ remedy in that situation is a court petition, which itself takes time before it is resolved.
- Missing heirs or unlocatable beneficiaries. If the personal representative cannot locate all heirs entitled to distribution, the final accounting and distribution plan cannot be completed until those individuals are found or their shares are handled through court order.
What Beneficiaries Can Do If an Estate Is Taking Too Long
If you are a beneficiary and the estate has been open far longer than seems reasonable, you have legal options. Those options do not guarantee a particular outcome, but Florida law gives beneficiaries meaningful tools to respond to a personal representative who is not fulfilling the statutory duty to act expeditiously.
Petition to compel performance. Under F.S. §733.602, a beneficiary may petition the court to compel the personal representative to perform specific duties. This is the most direct tool when the PR has simply failed to act.
Petition for removal. Under F.S. §733.504, a beneficiary may seek removal of the personal representative for cause, including failure to comply with a court order and wasting or mismanaging estate assets. Removal replaces the PR with a successor and does not automatically accelerate the estate’s administration, but it removes the obstacle.
Petition for appointment of a curator. Under F.S. §733.501, in circumstances where estate assets are at genuine risk of waste or removal from the court’s jurisdiction, a court may appoint a curator to perform the functions of a personal representative on an emergency basis, without waiting for the formal notice that a removal proceeding would require.
Practical note. Before filing any petition, an attorney can often resolve the delay by communicating directly with the personal representative or their counsel. Court intervention is a last resort and adds cost and time. But when informal efforts fail, the statutory remedies above are available.
The attorneys at Bucelo Diaz Law handle beneficiary representation in Florida in probate proceedings. Contact us or schedule a consultation to discuss what options may be available in your situation.
Closing a Florida Estate: The Final Discharge Requirements
An estate is not legally closed until the court enters an order of discharge under F.S. §733.901. The personal representative must petition the court for discharge after completing all administration tasks. Before that petition can be filed, the following must be complete:
- The 3-month creditor notice period has run and all timely claims have been resolved
- All estate debts and taxes have been paid
- The estate inventory has been filed
- All estate assets have been distributed to the appropriate beneficiaries or heirs
- The final accounting has been prepared, reviewed, and served on all interested parties
- Any objections to the final accounting have been resolved
Once the petition for discharge is filed, the court reviews the accounting and the personal representative’s report of distribution. If the court is satisfied that administration is complete, it enters an order discharging the personal representative. That order ends the probate case and releases the personal representative from further liability in that capacity.
For information on the attorney fees associated with closing a Florida estate, see our guide to Florida probate costs, which covers the statutory fee structure under F.S. §733.6171 and includes county-by-county filing fee data.
For a deeper look at how how long Florida probate takes from the moment of filing through each stage of the process, see our related guide.
FREQUENTLY ASKED QUESTIONS
Common Questions About Closing a Florida Estate
Is there a legal deadline for closing an estate in Florida?
Florida law does not set a fixed maximum time for how long an estate can remain open. The personal representative has a statutory duty under F.S. §733.602 to administer the estate as expeditiously and efficiently as is consistent with the best interests of the estate. Prolonged inaction without legitimate justification can expose the personal representative to removal proceedings under F.S. §733.504.
How long does formal administration take in Florida?
A straightforward formal administration typically takes 6 to 12 months from the personal representative’s appointment to the court’s order of discharge. The minimum is partly driven by the 3-month creditor notice period required by F.S. §733.702. Complications such as a real estate sale, disputed creditor claims, or a will contest can extend this timeline to 2 years or more depending on the facts and circumstances.
What happens if the personal representative does not close the estate?
Beneficiaries may petition the court to compel the personal representative to perform their duties under F.S. §733.602 or to remove the personal representative for cause under F.S. §733.504. The court can appoint a successor personal representative. In genuine emergencies where estate assets are at risk, the court may appoint a curator under F.S. §733.501 to take immediate protective action.
Can a Florida estate stay open for years?
Yes, in complicated circumstances. Estates involving pending wrongful death litigation, contested will proceedings, federal estate tax audits, or out-of-state ancillary probate proceedings can remain open for 2 to 4 years or longer. These situations represent legitimate legal reasons for delay rather than inaction. Whether any particular delay is justified depends on the specific facts of the estate.
What is the final discharge process for a Florida estate?
After all estate obligations are satisfied (creditors paid, assets distributed, inventory and final accounting filed and served), the personal representative petitions the court for discharge under F.S. §733.901. The court reviews the petition and, if satisfied that administration is complete, enters an order of discharge. Until that order is entered, the estate remains open on the court’s docket.
How is summary administration different from formal administration in terms of timeline?
Summary administration is a shorter process, typically completed in 4 to 8 weeks from the date of filing. It is available when the net probate estate does not exceed $75,000 (increasing to $150,000 on July 1, 2026) or the decedent has been dead more than two years, per F.S. §735.201. Formal administration, required for larger or more complex estates, takes a minimum of 6 to 12 months due to the mandatory 3-month creditor notice period and more extensive accounting requirements.
Talk to a Florida Probate Attorney
Whether you are a personal representative who needs to get an estate back on track or a beneficiary concerned that administration has stalled, the attorneys at Bucelo Diaz Law can review your situation and explain your options.
Call (954) 399-1910 or schedule a free 30-minute consultation by phone or Zoom. We serve clients throughout Florida from offices in Weston, Ocala, and Naples. Consultations are available in English and Spanish.
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About the Author
Alexis Bucelo Diaz is a Florida probate and estate planning attorney with Bucelo Diaz Law. She holds an LLM in Estate Planning and is admitted to The Florida Bar (Bar No. 86918). She practices from the firm’s Weston, Ocala, and Naples offices, focusing on probate administration, trust administration, and estate planning for Florida families and out-of-state property owners.
Last reviewed: 2026-05-11
