In short: Most Florida probates can’t close in less than about four to six months because creditors get 3 months after first publication of the notice to creditors (§ 733.702). Beyond that, the usual causes of delay are missing documents, a lawyer who isn’t pushing the file, and family fights. Rule 2.250 expects an uncontested estate to close within 12 months of letters, and judges are increasingly enforcing it.
“How long is this going to take?” is the first question in almost every probate case. Matt’s honest answer: it depends, and a lot of it depends on things you can control.
The Part Nobody Can Speed Up: The Creditor Period
Once the notice to creditors is first published, creditors generally have 3 months to file claims (§ 733.702). Little can be finished inside that window. That is why Matt tells families to count on at least four months, and realistically six, for a clean estate. See the probate deadlines checklist.
Matt’s practice point: the clock starts when you publish, so get the notice out at the very beginning of the case.
The Real Causes of Delay
The paperwork
Probate is paper-driven. The petition, the original will, the death certificate, account statements, deeds, and signatures from family members all have to come in. A grieving family often can’t gather them quickly. Matt’s office now uses e-signature and online asset-search tools to get them faster.
The lawyer
Matt doesn’t excuse his own profession. Sometimes the delay is a lawyer who isn’t moving the file.
The county
Every circuit has its own forms, checklists, and administrative orders. What works in Pinellas may be rejected in Hillsborough.
The fight
Once beneficiaries dispute the will, the PR, or an asset, the case becomes litigation and runs on a litigation timeline. That is the difference between a six-month estate and a three-year one.
The 12-Month Rule Is Now Real
Rule 2.250 sets a 12-month time standard for uncontested estates from issuance of letters to discharge. For years it was treated as aspirational. Matt describes being called into a courtroom with other experienced probate lawyers by a judge who wanted to know why cases were dragging, and he says his office changed its procedures that afternoon. Courts are now holding lawyers to these timelines.
When Will the Heirs Get Paid?
Distributions usually happen after the creditor period closes, claims are resolved, and taxes and expenses are paid, often at or near the end. A PR who distributes too early can be personally exposed if a valid claim turns up.
A Warning About “Inheritance Advance” Companies
Families in probate get solicitations offering cash now against an inheritance. Matt says some of his ugliest and most expensive cases started with one of these signed agreements. Read the fine print and have your own lawyer review it before you sign anything.
What You Can Do
- Find the original will right away and deposit it with the clerk.
- Get several certified death certificates.
- Gather statements for every account, policy, and property.
- Answer your lawyer’s requests quickly.
- Ask whether summary administration is available; since July 1, 2026, the limit is $150,000. See summary administration.
Watch: the videos behind this article
WHAT CAUSES DELAYS IN FLORIDA PROBATE COURTS?
Why Is Probate Taking So Long in Florida? | Florida Probate Delays Explained
CAN PROBATE BE SPED UP IN FLORIDA?
HOW LONG DOES PROBATE TAKE IN FLORIDA?
More Short Videos on This Issue
Go Deeper
- Florida Probate Process Step by Step
- Florida Probate Deadlines & Creditor Claims Checklist
- Florida Summary Administration: New $150,000 Limit
- How to Challenge Probate Attorney Fees in Florida (§ 733.6175)
Frequently Asked Questions
How long does probate take in Florida?
A simple, uncontested formal administration usually takes at least four to six months because of the 3-month creditor period. Rule of General Practice and Judicial Administration 2.250 sets a 12-month standard from letters to discharge for uncontested estates without a federal estate tax return. Contested estates take much longer.
Why is my Florida probate taking so long?
The most common causes are missing documents and information from the family, a slow-moving lawyer, county-specific paperwork, creditor claims that must be resolved, and disputes between beneficiaries.
Can probate be sped up in Florida?
Sometimes. Getting the petition, original will, death certificate, and asset information together at the start helps. Publishing the notice to creditors promptly starts the 3-month clock early. If the estate qualifies, summary administration can be faster than formal administration.
Should I sign up for an inheritance advance while probate is pending?
Be very careful. These agreements often carry steep effective costs buried in the fine print, and assignments of an inheritance can create disputes and extra legal fees in the probate case.
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, guardianship, and will disputes from St. Petersburg. If you need a probate litigation lawyer in St. Petersburg or anywhere in Florida, 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.
