Two Types of Florida Probate

Summary Administration (Faster)

Available when the estate's non-exempt assets are worth less than $75,000, or when the decedent has been dead for more than 2 years. Timeline: typically 4–8 weeks.

The process is simpler — no Personal Representative is appointed, and the court issues an Order of Summary Administration directing distribution of assets.

Formal Administration (Full Probate)

Required for larger or more complex estates. Timeline: typically 6–12 months, sometimes longer.

Key milestones in formal administration:

• Filing petition and opening the estate: 2–4 weeks
• Creditor notice period: 3 months (mandatory)
• Inventory and appraisal: 60 days after appointment
• Resolving creditor claims: 3–6 months
• Filing final accounting and petition for discharge: 1–3 months
• Court approval and closing: 2–4 weeks

Factors That Extend the Timeline

• Will contests or disputes among heirs
• Complex assets (businesses, multiple properties, investments)
• Creditor disputes
• Tax issues (estate tax, income tax)
• Court backlog in the county
• Missing heirs or beneficiaries

Florida's Mandatory 3-Month Creditor Period

Florida law requires a minimum 3-month period after the first publication of the Notice to Creditors before the estate can be closed. This is a hard floor on the formal administration timeline — even simple estates take at least 3 months.

How to Speed Up Probate

• Hire an experienced probate attorney early
• Gather all estate documents promptly
• Respond quickly to attorney and court requests
• Resolve heir disputes early rather than letting them escalate
• Determine if summary administration qualifies