Guardianship vs Power of Attorney: Understanding the Key Differences
August 19, 2025
What Does a Florida Probate Lawyer Do?
August 19, 2025Handling a Florida estate and worried about timelines?
Bucelo Diaz Law handles summary and formal administration statewide, with offices in Weston, Ocala, and Naples. Schedule a free 30-minute initial consultation and get a realistic timeline for your case.
Most Florida probates finish in one of two windows: summary administration commonly wraps up in about one to three months, and formal administration typically runs six months to a year, sometimes longer for complex or contested estates. Where your family lands depends mostly on which track the estate qualifies for, and a new Florida law that took effect July 1, 2026 just moved many more estates onto the fast track.
Key Points
- Summary administration: about 1 to 3 months in most counties, sometimes just a few weeks.
- Formal administration: about 6 to 12 months, driven largely by the mandatory 3-month creditor claim window.
- New for 2026: estates with $150,000 or less in nonexempt assets now qualify for summary administration under CS/HB 1337, double the old $75,000 limit.
- The biggest delays come from will contests, hard-to-sell real estate, missing heirs, and estate tax returns.
The timeline makes more sense in context. For every stage of the process, see our Complete Guide to Florida Probate.
Florida Probate Timelines at a Glance
| Probate track | Who qualifies | Typical timeline |
|---|---|---|
| Disposition without administration | Very small estates: exempt property and final expenses only | Days to a few weeks |
| Summary administration | Nonexempt assets of $150,000 or less (from July 1, 2026), or death more than 2 years ago | About 1 to 3 months |
| Formal administration | Everything that does not qualify for the shorter tracks | About 6 to 12 months |
| Contested or complex estates | Will contests, litigation, business interests, federal estate tax returns | 1 to 2+ years |
Every county’s probate division moves at its own pace, and uncontested cases in some circuits move markedly faster than others. Our county-by-county probate guide pairs these timelines with what each track costs.
Summary Administration: The 1-to-3-Month Track
Summary administration under F.S. 735.201 skips the appointment of a personal representative entirely. Your attorney files a petition, the court verifies the estate qualifies, and the judge signs an order releasing assets directly to beneficiaries. In many counties the whole process takes four to ten weeks; simple cases with cooperative beneficiaries can finish faster.
The qualification rules changed on July 1, 2026. Under CS/HB 1337, an estate now qualifies if its nonexempt assets total $150,000 or less (up from $75,000), or if the decedent has been dead more than two years. Homestead property does not count toward the limit, so a family home plus a modest bank account often still qualifies. Our full breakdown of the change is here: Florida’s summary administration limit doubled to $150,000.
Formal Administration: Month by Month
Formal administration under Chapter 733 is the standard track for larger estates. A typical uncontested case moves like this:
- Weeks 1 to 6: opening the estate. File the petition, deposit the will, and obtain letters of administration appointing the personal representative. Court processing speed varies by county.
- Months 2 to 5: the creditor window. The personal representative publishes a notice to creditors, which opens a three month claim period under F.S. 733.702. This window is mandatory and is the single biggest reason formal administration cannot finish in a few weeks. An inventory is due to the court during this period as well.
- Months 4 to 8: administration. Pay valid claims, object to invalid ones, sell property that needs to be sold, file the decedent’s final tax returns, and resolve homestead issues.
- Months 6 to 12: closing. Final accounting to beneficiaries, petition for discharge, distribution of assets, and the order closing the estate.
What Makes Probate Take Longer
- Will contests and family disputes. Litigation over validity, undue influence, or personal representative conduct can add a year or more.
- Real estate that must be sold. The estate cannot close until the property closes.
- Missing or uncooperative heirs. Locating heirs and obtaining signatures takes time, especially with out-of-state or international family.
- Federal estate tax returns. Estates large enough to file Form 706 generally stay open until the IRS closing letter arrives, which alone can take a year.
- Creditor fights. Objecting to claims triggers deadlines and sometimes independent lawsuits.
- Out-of-state decedents. Florida property owned by a non-resident requires ancillary probate, which runs on its own clock alongside the home-state proceeding.
How to Keep Probate on Schedule
Families cannot control the court’s calendar, but they control the three most common self-inflicted delays: waiting months to start, filing on the wrong track, and paperwork errors that draw court objections. Starting promptly, choosing the right administration type from day one, and having an attorney who files clean petitions in the correct county keeps an uncontested estate at the fast end of the ranges above. If you are personal representative for an estate anywhere in Florida, our Florida probate attorneys handle both tracks statewide, with offices in Weston, Ocala, and Naples.
Frequently Asked Questions
How long does probate take in Florida?
Summary administration typically takes about 1 to 3 months. Formal administration typically takes about 6 to 12 months, driven largely by Florida’s mandatory 3-month creditor claim window under F.S. 733.702. Contested estates, estates with real property to sell, and estates filing federal estate tax returns can take 1 to 2 years or longer.
What is the fastest probate in Florida?
Disposition without administration, available only for very small estates consisting of exempt property and final expenses, can finish in days to weeks. Among true probate tracks, summary administration is the fastest: no personal representative is appointed, and the court order releasing assets often arrives within one to three months of filing.
Who qualifies for summary administration in Florida in 2026?
From July 1, 2026, an estate qualifies for summary administration if its nonexempt assets total $150,000 or less, doubled from the old $75,000 limit by CS/HB 1337, or if the decedent has been dead for more than two years. Homestead property does not count toward the $150,000 limit, so many estates that include a family home still qualify.
Why does formal administration take at least several months?
Florida requires the personal representative to publish a notice to creditors, which opens a mandatory 3-month claim window under F.S. 733.702. The estate generally cannot close until that window runs, claims are resolved, an inventory and final accounting are filed, and the court approves distribution. Those statutory steps set a practical floor of roughly six months for most formal administrations.
Can probate be avoided entirely in Florida?
Often, yes, with planning done during life. Assets in a revocable living trust, property transferred by lady bird deed, accounts with beneficiary designations, and jointly owned property with survivorship rights all pass outside probate. Assets titled solely in the decedent’s name without a beneficiary generally must go through probate.
Informational purposes only. This article is for general informational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. Florida law changes frequently. Consult a qualified Florida attorney about your specific situation. Past results do not guarantee a similar outcome.
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About the Author
Alexis Bucelo Diaz, Esq., LL.M. is the founding attorney of Bucelo Diaz Law, PLLC. She holds a Master of Laws (LL.M.) in Estate Planning from the University of Miami School of Law and has more than 15 years of focused experience in Florida estate planning, probate, and real property law. Florida Bar #86918. Selected to Super Lawyers Rising Stars in 2025.
