What Happens While Probate Is Pending in Florida? The Steps and the Deadlines

The Rule

Probate starts when the court admits the will (or determines there is none) and issues letters of administration to a personal representative. From that moment, under section 733.601, the personal representative’s duties and powers begin, and the estate’s probate assets are handled under court rules and the Florida Probate Code, not by whoever has the keys or the checkbook.

The personal representative is a fiduciary. Under section 733.602, the job is to settle and distribute the estate according to the will and the law, as quickly and efficiently as is consistent with the best interests of the estate.

What Happens, Step by Step

Notice to the family. The personal representative must promptly serve a notice of administration on the surviving spouse, the beneficiaries and others entitled to it. Under section 733.212 and Probate Rule 5.240, objections to the will’s validity, venue or the court’s jurisdiction generally must be filed within 3 months after service of that notice.

Notice to creditors. Under section 733.2121, the personal representative publishes a notice to creditors once a week for 2 consecutive weeks and serves it on creditors who are reasonably ascertainable. Under section 733.702, most claims are barred unless filed within 3 months after first publication, or 30 days after service for a creditor who was served, whichever is later. Separately, section 733.710 cuts off claims against the decedent 2 years after death.

Gathering and protecting assets. The personal representative takes possession of the estate’s property under section 733.607, opens an estate account, secures real estate, and files an inventory within 60 days after letters under Probate Rule 5.340. Assets that pass outside probate, such as accounts with a named beneficiary or jointly owned property with survivorship, are not part of this process.

Paying expenses and claims. Valid claims, administration expenses and taxes are paid from the estate before beneficiaries receive anything. The personal representative can object to claims the estate does not owe.

Waiting to distribute. Under section 733.801, no personal representative can be required to pay a devise or distributive share, or turn over land to a beneficiary, until 5 months after letters were granted. In practice, distribution usually waits until the creditor period has run and claims are resolved.

Closing. The personal representative files a final accounting and petition for discharge. Under Probate Rule 5.400, in an estate that does not file a federal estate tax return, those papers are due within 12 months after letters unless the court extends the time for cause. Beneficiaries have 30 days after service to object under Probate Rule 5.401. Once the estate is fully administered, the court discharges the personal representative under section 733.901.

Common Mistakes

• Treating the house or accounts as already inherited. Until distribution, they belong to the estate, and taking them early can create liability.
• Paying favored creditors or family members before the creditor period runs. A personal representative who distributes too early can end up personally responsible.
• Ignoring the notice of administration. The 3-month window to object to the will is short and strictly applied.
• Assuming probate must take years. Most delay comes from disputes, missing paperwork and unsold real estate, not from the court.
• Never asking for an accounting. Beneficiaries are entitled to see the inventory and the accountings, and they can object to them.

Lessons

• Once letters issue, the personal representative controls probate assets, subject to court supervision.
• Creditors get roughly 3 months from publication, and the 2-year bar after death is the outer limit.
• Beneficiaries cannot force distribution until at least 5 months after letters.
• The final accounting is due within 12 months after letters in most estates, unless the court extends it.
• Read every notice you are served. The deadlines in probate run from service, not from when you get around to it.

Source: Sections 733.212, 733.2121, 733.601, 733.602, 733.607, 733.702, 733.710, 733.801 and 733.901, Florida Statutes (2026); Florida Probate Rules 5.240, 5.340, 5.400 and 5.401.

Watch the Video

This short video explains what is happening while a Florida probate case is pending: court control of the assets, the personal representative’s duties, the creditor period and the limits on distribution. The statutes and rules are linked above.

What Happens During Probate in Florida? (Pending Probate Explained)

Read the Law on FloridaRules.net

The statutes and court rules discussed in this article, free to read on FloridaRules.net:

• § 733.801, Fla. Stat.
• Fla. Prob. R. 5.400
• § 733.601, Fla. Stat.
• § 733.602, Fla. Stat.
• § 733.212, Fla. Stat.
• Fla. Prob. R. 5.240
• § 733.2121, Fla. Stat.
• § 733.702, Fla. Stat.
• § 733.710, Fla. Stat.
• § 733.607, Fla. Stat.
• Fla. Prob. R. 5.340
• Fla. Prob. R. 5.401
• § 733.901, Fla. Stat.

Go Deeper

• Why Is Probate Taking So Long in Florida? The Real Causes and How to Speed It Up
• Florida Personal Representative Duties: What the Job Requires and When a PR Is Personally Liable
• Do You Inherit Debt in Florida? What Happens to a Parent's or Spouse's Debts After Death

Frequently Asked Questions

Can I live in or sell my parent's house while probate is pending?

Not on your own say-so. Until it is distributed, a probate asset is controlled by the personal representative under court supervision, and selling it requires authority under the will or a court order. Homestead property follows special rules and may pass outside the normal administration, so get advice before acting.

How long do creditors have to file a claim in Florida probate?

Under section 733.702, generally 3 months after the first publication of the notice to creditors, or 30 days after service for a creditor who was served, whichever is later. Under section 733.710, claims against the decedent are cut off 2 years after death in any event.

When will I get my inheritance from a Florida estate?

A personal representative cannot be forced to distribute until 5 months after letters issue under section 733.801, and most wait until creditor claims are resolved. In an estate with no federal estate tax return, Probate Rule 5.400 requires the final accounting and petition for discharge within 12 months after letters unless the court extends the time.

What can I do if the personal representative is not doing anything?

Ask in writing for the inventory and an accounting, and watch the deadlines. If the personal representative still does not act, an interested person can ask the court to compel action, to require an accounting, or to remove the personal representative. Those remedies have their own procedures, so act promptly.

Talk to a Florida probate litigation lawyer

Weidner Law, P.A. handles Florida probate disputes and probate appeals from St. Petersburg. If you need a probate litigation lawyer, 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.