Florida probate averages 6-12 months for simple estates and much longer for complex ones. Get your inheritance advance in as little as 48 hours.
Florida is one of the most common states for probate proceedings, partly due to its large retiree population and the significant real estate holdings many Floridians maintain. The state has a well-defined probate system handled through circuit courts, with procedures that aim to be orderly but can still take considerable time.
Florida offers two main types of probate: formal administration (for most estates) and summary administration (a simplified process for smaller estates). The information below is a general overview — Florida probate law has specific requirements and nuances, and we encourage consulting with a Florida probate attorney for your situation.
Filing and appointment (weeks 1-4). The petition for administration is filed in the circuit court of the county where the deceased resided. The court appoints a personal representative (Florida's term for executor) and issues letters of administration granting authority to act on behalf of the estate.
Creditor notification (months 1-4+). The personal representative must publish a notice to creditors in a local newspaper for two consecutive weeks. Known creditors must also be served individually. Creditors generally have three months from the date of the first publication to file claims — this is a mandatory minimum waiting period that applies to virtually every Florida estate.
Asset inventory and management (months 1-6+). Florida requires the personal representative to file an inventory of estate assets with the court within 60 days of appointment. Real estate, financial accounts, personal property, and business interests must all be identified and valued. If property needs to be sold, that process adds time.
Debt settlement and taxes (months 3-9+). Valid creditor claims are resolved, debts are paid, and final tax returns are prepared and filed. Florida does not have a state estate tax, but federal estate tax may apply to larger estates, and the deceased's final income tax return must be filed.
Distribution and closing (months 6-18+). After the creditor period expires, debts are settled, and taxes are addressed, the personal representative can petition the court to distribute remaining assets to beneficiaries and close the estate. The personal representative must file a final accounting with the court.
Summary administration. Florida offers a simplified probate track called summary administration for estates valued at $75,000 or less (not counting exempt homestead property), or when the deceased has been dead for more than two years. This process is faster and doesn't require a personal representative, but it has specific eligibility requirements.
Homestead protections. Florida has some of the strongest homestead protections in the country. The family home may be constitutionally protected from certain creditor claims, and there are specific rules about how homestead property can (and cannot) be devised in a will. These protections are complex and can significantly affect estate distribution.
Elective share. Florida law gives surviving spouses the right to claim an "elective share" — generally 30% of the estate — regardless of what the will says. If a spouse elects this option, it can alter the distribution plan and add time to the process.
Snowbird estates. Florida sees a high volume of estates involving individuals who split time between Florida and another state. When the deceased owned real property in multiple states, each state's property typically requires a separate probate proceeding (called "ancillary probate"), which adds complexity and time.
Florida's mandatory creditor periods, court filing requirements, and the prevalence of real estate in most estates mean that even straightforward cases take months to resolve. If you need access to your inheritance now, a Florida inheritance advance can bridge that gap — with no credit check, no monthly payments, and no personal risk.
Get a free quote or call (800) 617-7260 to discuss your Florida estate.
Disclaimer: This page is for general informational purposes only and does not constitute legal, financial, or tax advice. Probate laws, timelines, and costs vary significantly by state and by individual circumstances. We strongly encourage you to consult with a qualified attorney or financial advisor for guidance specific to your situation. First Heritage Funding is not a law firm and does not provide legal services.
Simple estates with liquid assets and no disputes may close in 6-9 months. Average estates commonly take 9-18 months. Complex estates involving real property, tax issues, homestead questions, or family disputes can take 2+ years. The mandatory 3-month creditor period applies to almost all formal administrations.
Summary administration is a simplified probate process available for estates valued at $75,000 or less (excluding exempt homestead property) or when the deceased passed more than two years ago. It is generally faster and less expensive than formal administration, but has specific requirements. A Florida probate attorney can determine if your estate qualifies.
Florida does not impose a state-level estate tax. However, larger estates may still be subject to the federal estate tax. The deceased's final income tax returns must also be filed. Tax questions specific to your estate should be directed to a qualified tax professional.
Yes. We regularly work with heirs of Florida estates, including those involving homestead property, summary administration, and formal administration. Qualification is based on the estate, not your personal credit or income.
Real estate often adds time to probate because it may need to be appraised, maintained, and potentially sold before the estate can be distributed. If the property is the deceased's homestead, Florida's constitutional homestead protections add additional legal considerations. An inheritance advance can provide funds while this process plays out.
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