Loune-Djenia Askew, Esq
Apr 21, 2025
If you're dealing with the loss of a loved one, understanding the probate process in Florida is an important step—especially if you're named as the personal representative or expect to inherit assets. One of the most common questions people ask is: How long does probate take in Florida?
If you're dealing with the loss of a loved one, understanding the probate process in Florida is an important step—especially if you're named as the personal representative or expect to inherit assets. One of the most common questions people ask is: How long does probate take in Florida?
Typical Timeline: 6 Months to 2 Years
In Florida, the probate process generally takes anywhere from 6 months to 2 years, depending on several key factors. In some cases, especially when complications arise, it can take even longer.
There are two main types of probate in Florida:
Summary Administration: A shorter process for small estates (less than $75,000 in non-exempt assets) or when the decedent has been deceased for more than two years. This can take a few weeks to a few months.
Formal Administration: The most common form of probate, required for larger or more complex estates. This usually takes 6 to 12 months, but delays can push it beyond 2 years.
What Can Cause Delays in Probate?
Probate isn’t always a straight path. Several issues can slow down the process:
Will Contests or Family Disputes: If family members argue over the validity of the will or how assets are distributed, the case can be dragged into litigation. Example: A son challenges his late father's will, claiming his sister exerted undue influence. The court pauses probate while the issue is resolved—a process that can take many months.
Missing or Out-of-State Heirs: Locating beneficiaries, especially those who live abroad or are estranged, can delay notifications and asset distribution. Example: A personal representative must locate a cousin who moved overseas 10 years ago and never kept in touch with the family.
Debts and Creditor Claims: Creditors have up to 3 months to file a claim once they’re notified of the probate. Sorting out valid debts can stall the process. Example: A decedent has unpaid medical bills, taxes, and a mortgage. The estate must be evaluated to determine what debts get paid first.
Complicated Assets: Businesses, multiple properties, or assets without clear titles take time to appraise, transfer, or sell. Example: The deceased owned a small restaurant that must be sold before heirs can receive their share.
Why an Estate Plan Speeds Things Up
Having an estate plan in place can make probate faster—or avoid it altogether. Here’s how:
Trusts allow assets to pass outside of probate.
Payable-on-death (POD) and transfer-on-death (TOD) accounts transfer automatically to named beneficiaries.
A clear and updated will minimizes disputes.
Example: Mary created a living trust and retitled her home, bank accounts, and investments under it. When she passed away, her family avoided probate entirely, receiving their inheritances within weeks instead of months or years.
Final Thoughts
Probate in Florida doesn’t have to be a long, stressful ordeal—but it often is when no plan is in place. The process can last 6 months to 2 years or more, depending on the estate’s complexity and whether any conflicts arise. By working with an estate planning attorney now, you can help your loved ones avoid delays, reduce legal costs, and make sure your wishes are honored quickly and clearly.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.