There is no single timeline, and this page does not promise one. What Florida law does set are minimum and target periods. In formal administration, creditors have at least three months after the notice to creditors is first published, and the personal representative is expected to file a final accounting and petition for discharge within 12 months after letters, unless a federal estate tax return is required or the court extends the time (§ 733.702; Fla. Prob. R. 5.400).
Summary administration has no required creditor period, so it can often finish sooner. Disputes, real estate, missing heirs, and taxes are the usual causes of delay.
The clocks Florida law sets
| Event | Time period | Source |
|---|---|---|
| Deposit the original will with the clerk | Within 10 days after learning of the death | § 732.901 |
| File the inventory | Within 60 days after letters | Fla. Prob. R. 5.340 |
| Object to the will, venue, or jurisdiction | 3 months after service of the notice of administration | § 733.212 |
| Creditors file claims | Later of 3 months after first publication or 30 days after service | § 733.702 |
| Claim exempt property | Generally 4 months after service of the notice of administration | § 732.402 |
| Personal representative objects to claims | Later of 4 months after first publication or 30 days after the claim | § 733.705 |
| Spouse elects to take a one-half interest in homestead (intestate or invalid devise) | Within 6 months after death | § 732.401 |
| Spouse elects the elective share | Earlier of 6 months after service of the notice of administration or 2 years after death | § 732.2135 |
| Final accounting and petition for discharge | Within 12 months after letters (no federal estate tax return) | Fla. Prob. R. 5.400 |
| Objections to the final accounting | 30 days after service | Fla. Prob. R. 5.401 |
The personal representative must also proceed “expeditiously,” and cannot be compelled to pay claims until five months after first publication (§ 733.705).
What usually extends the timeline
- Disputes over the will, the personal representative, or a creditor claim
- Real estate that must be repaired, sold, or cleared of title problems
- Missing heirs or beneficiaries, or beneficiaries who are minors
- A federal estate tax return, which moves the closing deadline to 12 months from when the return is due
- Litigation that belongs to the estate
- Assets in other states
What can shorten it
- Qualifying for summary administration
- Organized records and a complete asset list at the start
- Beneficiaries who sign waivers and receipts promptly
- A will that waives bond and grants broad powers
An example
A personal representative receives letters in January and has the notice to creditors first published on February 1. The inventory is due in March (60 days after letters). The creditor period ends May 1, and the personal representative’s deadline to object to claims ends June 1. With no disputes and no estate tax return, the final accounting is due by January of the following year, and once the 30-day objection period passes and distribution is made, the estate can be closed.
Common misunderstandings
- “Probate always takes years.” The Probate Rules set 12 months after letters as the target for closing a formal administration that needs no federal estate tax return; longer cases usually have a specific cause.
- “We can distribute once we have letters.” Not before the claims period and claims are resolved.
- “After the three months, we’re done.” Claims still have to be resolved, taxes filed, and the estate accounted for.
What to gather
- The date of death and the date letters were issued
- The first publication date of the notice to creditors
- A list of anything that could cause delay: real estate, disputes, out-of-state assets, minor beneficiaries
Next step
Ask for a written outline of the expected steps for your estate, with the statutory dates filled in, and revisit it whenever something changes.
Related guidance
- Formal administration, step by step
- Summary administration
- How long do creditors have to file claims?
- What does Florida probate cost?
Sources: Florida Statutes § 732.2135, § 732.401, § 732.402, § 732.901, § 733.212, § 733.2121, § 733.702, and § 733.705 (2026); Florida Probate Rules 5.340, 5.400, and 5.401 (October 15, 2026 edition). Checked on October 23, 2026.