How Long Does Probate Take In Florida? The Real Timeline And Cost
Florida formal probate takes 8-12 months; summary administration takes 3-8 weeks. Here's the month-by-month timeline, real costs, and when you can sell the house.
Someone died, there’s a house involved, and you need to know how long this is going to take.
The answer depends entirely on which kind of probate you’re in:
| Type | Timeline |
|---|---|
| Summary administration | 3–8 weeks |
| Formal administration | 8–12 months |
| Contested or complicated | 18 months to several years |
Most people asking this question are in formal administration and don’t yet know there might be a shortcut. Start there.
First: do you even need formal probate?
Summary administration is Florida’s abbreviated process. You qualify if either:
- The estate subject to administration, less exempt property, doesn’t exceed $150,000 for deaths on or after July 1, 2026 (it was $75,000 before that - Florida doubled it under CS/HB 1337), or
- The person died more than two years ago - in which case there’s no dollar limit at all.
Critically, protected homestead is exempt property and generally doesn’t count toward the threshold. So a modest estate with a $400,000 homestead may still qualify.
If you qualify, you’re looking at weeks, not a year. See Florida summary administration.
Some assets skip probate entirely: property held jointly with right of survivorship, accounts with named beneficiaries, life insurance, assets in a living trust, and property with a Lady Bird (enhanced life estate) deed.
The formal administration timeline
Month 1: Opening the estate
- File the will (if any) with the circuit court in the decedent’s county of residence - required within 10 days of learning of the death under Fla. Stat. §732.901
- File a petition for administration
- Court issues Letters of Administration appointing the personal representative
Until those letters issue, nobody has legal authority to act for the estate - can’t sell the house, can’t access accounts, can’t sign contracts.
Realistically 2 to 6 weeks depending on county backlog. Orange, Osceola, and Polk all run slower than the statute suggests.
Months 1–2: Notice to creditors
The personal representative publishes a Notice to Creditors in a local newspaper once a week for two consecutive weeks, and serves known or reasonably ascertainable creditors directly.
Months 2–5: The creditor claim period - the real bottleneck
This is why formal probate takes as long as it does.
Under Fla. Stat. §733.702, creditors have:
- Three months from the date of first publication to file claims, or
- 30 days from the date they were served, whichever is later
This period cannot be shortened. Not by agreement, not by a cooperative family, not by a judge. Even with zero known creditors, you wait it out.
Florida courts enforce this strictly - late claims are barred with essentially no exceptions. And separately, under Fla. Stat. §733.710, all claims against an estate are barred two years after death regardless of whether notice was given.
Months 2–6: Inventory and administration
- File an inventory of assets within 60 days of letters issuing
- Secure and insure the property
- Pay valid claims, final expenses, and taxes
- File a final income tax return for the decedent
Months 4–10: Selling the real estate
The house can generally be sold once letters are issued - you don’t have to wait for the creditor period to close. Whether court approval is needed depends on the will’s language and whether all beneficiaries consent.
This is where most estates spend their time, and where the choice of buyer matters most.
Months 8–12: Closing the estate
- Final accounting
- Petition for discharge
- Distribution to beneficiaries
- Court discharges the personal representative
What probate costs in Florida
Court filing fees: roughly $235–$450 depending on county and case type.
Attorney fees. Florida statute (§733.6171) sets presumptively reasonable fees for formal administration as a percentage of the estate:
- 3% of the first $1 million
- 2.5% of the next $2 million
- and declining from there
A $400,000 estate suggests roughly $12,000 in presumptively reasonable attorney fees. This is negotiable - many probate attorneys will work on a flat fee or hourly basis for straightforward estates, and that’s usually cheaper. Ask for an hourly or flat-fee quote before agreeing to a percentage.
Personal representative fees follow a similar statutory schedule (§733.617) - often around 3% for a typical estate. Family members frequently waive this.
Other costs: publication ($100–$200), certified copies, appraisals ($400–$800), accounting fees.
Summary administration by contrast commonly runs $1,500–$3,500 all in.
The house while you wait
This is the part that costs families real money, because the carrying costs don’t pause:
- Property taxes keep accruing. Delinquency leads to tax certificates and eventually a tax deed sale.
- Insurance is the big risk. Most homeowners policies limit or void coverage on property that’s been vacant for 30–60 days. An uninsured fire or water loss in an empty estate house is catastrophic. Call the carrier immediately, disclose the vacancy, and get a vacancy endorsement or a vacant-property policy.
- The mortgage doesn’t stop. Under the federal Garn-St Germain Act, a lender generally can’t call the loan due when property passes to a relative at death - but payments must continue. Missed payments start the foreclosure clock. See Florida foreclosure timeline.
- HOA dues continue, and unpaid dues become a lien.
- Deterioration. Empty Florida houses develop problems fast - humidity, mold, roof issues, pests. A house that was sellable in month one often isn’t by month ten.
Twelve months of taxes, insurance, HOA, utilities, and upkeep on a typical Central Florida house commonly runs $8,000 to $15,000. That comes out of what the heirs receive.
What makes probate take longer
- Contested wills or heir disputes - the single biggest factor
- Multiple heirs in different states who need to sign things
- No will, requiring intestacy determination
- Property in more than one state, requiring ancillary administration
- Creditor disputes or a Medicaid estate recovery claim
- A house that won’t sell - the estate can’t close until it’s resolved
- County court backlog - real and variable across Central Florida
Selling the house: your options
List it with an agent. Highest price. But add 30–90 days of marketing plus 30–45 days to close, on top of everything above - and buyers financing a purchase will require inspections and repairs the estate has to fund. Realistic for a house in good condition when nobody’s in a hurry.
Sell as-is for cash. Below retail, but closes in 7–21 days, requires no repairs or cleanout, and stops the carrying-cost bleed. Many cash buyers will sign a contract while probate is pending and close once letters or the summary administration order are in hand.
Which is right? Do the arithmetic:
- Retail price − 7–9% selling costs − repairs − months of carrying costs
- Cash price − minimal costs − 2–3 weeks of carrying costs
If the house is clean, updated, and the family isn’t in a rush, list it - you’ll net more. If it needs $40,000 of work, is full of forty years of belongings, and three siblings in three states want this finished, the gap narrows fast and sometimes closes entirely.
We buy houses for cash and we’ll still tell you when listing is the better answer. It often is.
Frequently asked questions
How long does probate take in Florida? Formal administration: 8–12 months typically. Summary administration: 3–8 weeks. Contested estates run 18 months or longer.
Why does probate take so long in Florida? The mandatory creditor claim period - three months from first publication of the notice to creditors - can’t be shortened, even with no known creditors.
How much does probate cost in Florida? Formal administration attorney fees are presumptively 3% of the first $1 million under Fla. Stat. §733.6171
- about $12,000 on a $400,000 estate - but this is negotiable and flat/hourly arrangements are often cheaper. Summary administration typically runs $1,500–$3,500.
Can I sell the house during probate in Florida? Yes, once Letters of Administration are issued (formal) or the Order of Summary Administration is entered and recorded (summary). You can go under contract earlier.
Do I need a lawyer for probate in Florida? For formal administration, yes - Florida practice effectively requires counsel unless the personal representative is the sole interested party.
What if the person died more than two years ago? You likely qualify for summary administration regardless of estate value, and creditor claims are barred under Fla. Stat. §733.710.
Can I avoid probate in Florida? Not retroactively. Going forward, living trusts, joint ownership with right of survivorship, beneficiary designations, and Lady Bird deeds all avoid it.
Who pays the mortgage during probate? The estate. If there’s no cash, heirs often advance it or sell the property to stop the bleed.
General information about Florida probate law, not legal advice. Timelines and fees vary by county and by the facts of the estate. Consult a Florida probate attorney.
Beach Bums Real Estate buys inherited and estate properties for cash in Orlando and Central Florida. We work around probate timelines and can hold a contract while your case is pending. Call (689) 249-4888 - and if listing would net the heirs more, we’ll say so.
Weighing your options?
We buy houses for cash across Florida - but if listing your house would net you more, we’ll tell you that instead. No pressure, no obligation, no follow-up spam.