The most common probate question, and the one with the most disappointing answer. A Florida formal administration essentially never finishes in six weeks, no matter what anyone promised — and the reason is the law itself, not slow lawyers or slow courts.
The timeline, phase by phase
Getting appointed (weeks 1–6). Documents get gathered, the petition is filed, and the court appoints the personal representative and issues Letters of Administration — typically two to four weeks after filing. Until Letters issue, nobody can touch the accounts. The original will has to be deposited with the clerk within ten days of learning of the death, so that clock starts immediately even if nothing else does.
The creditor window (three months, minimum). Once the notice to creditors is published, creditors have three months to file claims. This is the floor under every Florida formal administration: distributions made before the window closes expose the personal representative personally. There is no way to waive it, rush it, or pay extra to skip it.
Active administration (six to eighteen months, typically). The inventory is due 60 days after Letters. Assets get marshaled, claims get paid or contested, tax returns get filed. A simple estate — one house, a few accounts, cooperative beneficiaries — lands at the short end. Add a business, out-of-state property, a will contest, or an IRS issue and the range stretches.
Closing (one to three months). Final accounting (or waivers), distribution, receipts, discharge. Florida’s benchmark is that a non-taxable estate should file its final accounting and petition for discharge within 12 months of Letters — courts extend that routinely for cause, but it tells you what “normal” means.
What actually makes probate slow
- No original will — a copy isn’t good enough in Florida, and lost-will proceedings add months.
- Family conflict — a contested appointment or will contest converts a process into litigation.
- A house that has to sell — the estate often can’t close until the real estate does.
- Tax complications — estates large enough to file a federal estate tax return run on a longer track entirely.
- An unresponsive beneficiary — receipts and waivers require signatures.
The short version
Plan on six months to a year for a normal formal administration; a couple of months for a summary administration when the estate qualifies. Anyone quoting less for a formal administration is quoting the part before the law’s own clock starts.
The rest of the process — costs, the personal representative’s job, the problems that add time — is on our Florida probate page, or call (954) 839-8705 and we’ll map the likely timeline for your estate specifically.