In short: Florida formal probate runs in six steps: deposit the original will within 10 days, get a personal representative appointed, serve the notice of administration and publish the notice to creditors, file the inventory within 60 days, pay claims, then account and close. Uncontested estates are expected to close within 12 months of letters (Rule 2.250).
Someone died. There is a house, some accounts, a car. Nobody knows what happens next.
Probate is the court-supervised process for getting a dead person’s property out of their name and into the names of the people entitled to it. Here is how it actually moves in Florida.
Step 1: Deposit the Original Will Within 10 Days
Under § 732.901, whoever has the original will must deposit it with the clerk of court within 10 days after learning of the death. Not a copy. The original. If the family cannot find one, that is its own problem. See the guide on finding the original will in this series.
Step 2: Open the Case and Get a Personal Representative Appointed
A petition for administration is filed in the county where the person lived. The court appoints a personal representative (Florida’s word for executor) and issues letters of administration. Letters are the document that lets the PR deal with banks, title companies, and everyone else.
The person named in the will usually has preference. If there is no will, the statute sets the order of preference, with the surviving spouse first.
Step 3: Notify the Family and Notify the Creditors
Two notices start two separate clocks:
- Notice of administration is served on the beneficiaries and heirs. It starts the 3-month window to challenge the will, the venue, or the PR’s qualifications under § 733.212.
- Notice to creditors is published in a newspaper and served on known creditors. Creditors must file claims by the later of 3 months after first publication or 30 days after being served (§ 733.702).
Step 4: Inventory Everything Within 60 Days
The PR must file a verified inventory of the probate assets, with values, within 60 days after letters issue (Florida Probate Rule 5.340). This is where problems start in a lot of estates: accounts nobody can find, accounts that were changed right before death, property the PR “forgot.”
Step 5: Collect, Protect, Pay, and Sell If Needed
The PR is a fiduciary. The PR has to gather the assets, keep them safe, pay valid claims and expenses, object to invalid claims, and sell property only with proper authority. The PR works for the estate and its beneficiaries, not for themselves.
Step 6: Account and Close
The PR files a final accounting and a petition for discharge, showing every dollar in and out, and a plan of distribution. Beneficiaries can object. Once the objections are resolved, the assets are distributed and the PR is discharged.
How Long Does Florida Probate Take? The Rule Says 12 Months.
Florida Rule of General Practice and Judicial Administration 2.250 sets time standards for probate:
- Uncontested, no federal estate tax return: 12 months from issuance of letters to final discharge
- Contested: 24 months from filing to final discharge
For years these were treated as suggestions. That is changing. Courts, including in Pinellas County, are pushing practitioners and personal representatives to hit the 12-month mark, and some judges are calling lawyers in when cases stall.
The number one consumer complaint about probate is that it takes too long. The excuses are running out. You should expect your lawyer to tell you, up front, when the case will be opened and when it will be closed.
When the Process Turns Into a Lawsuit
Most estates move through on paper. When someone objects (a will contest, a fight over removing the PR, an elective share dispute), the case becomes an adversary proceeding under Rule 5.025, and the civil litigation rules take over. That is a different case, with a different timeline and a different budget.
Watch: the videos behind this article
Florida Probate Process: What the Executor Must Do
Probate Taking Forever? Watch This.
How Long Does Probate Take in Florida? Timeline Explained
Florida Probate Process Explained | What Families Need to Know
More Short Videos on This Issue
Go Deeper
- Florida Probate Explained by a 26+ Year Attorney
- Florida Probate Deadlines You Must Know
- How to Remove a Personal Representative in Florida — § 733.504
Frequently Asked Questions
How long does probate take in Florida?
Under Rule of General Practice and Judicial Administration 2.250, an uncontested estate without a federal estate tax return should go from issuance of letters to final discharge in 12 months. Contested matters have a 24-month standard.
What does a personal representative have to do in Florida?
Gather and protect the assets, serve the notice of administration, publish and serve the notice to creditors, file a verified inventory, pay valid claims and expenses, and file a final accounting and petition for discharge.
When is the inventory due in Florida probate?
Within 60 days after letters of administration are issued, under Florida Probate Rule 5.340.
What happens if someone objects during probate?
The matter becomes an adversary proceeding under Florida Probate Rule 5.025, and civil litigation procedures, including discovery, largely apply.
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, and will disputes from St. Petersburg. If you need a probate court lawyer in St. Petersburg for probate administration and court proceedings, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
