How Long Does Probate Take in Florida? A Florida Probate Attorney Explains

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By Gary M. Landau, Esq.

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How Long Does Probate Take in Florida? Probate Attorney Explains | Call (954) 979-6566

Probate the legal procedure for settling a decedent’s estate, can be a confusing and emotional process for a family coping with the loss of a loved one. The process involves multiple steps, including locating beneficiaries, paying outstanding debts, filing any required taxes, and distributing all assets in compliance with Florida law.

How long does probate take in Florida?

Generally, relatively simple probates can be completed within a few months, but most probates take longer. That’s because, as any experienced probate attorney will tell you, the time the process takes varies based on numerous factors, such as the size and complexity of the estate and how long the person has been deceased, among other things.

This blog, from a probate attorney in Coral Springs serving clients in South Florida and throughout the rest of the state, explains the key factors that affect the timeline of the probate process.

Factors Affecting Timeline of Probate

All probates in Florida are overseen by judges in the Probate Court. In some cases, judges remain minimally involved, while in others they require numerous hearings.

Here are some of the factors that affect the length of a probate process:

1. Ease of Locating All Beneficiaries

When someone leaves all their assets to close relatives like a spouse and/or grown children, locating the beneficiary is fast and easy. But many people leave assets to distant relatives or friends they may have lost touch with in the years since they drafted their will, who must be found before the process can move forward.

In other cases, a named beneficiary already passed away, necessitating a probate of their estate to also be opened.

Complicating matters greatly is when an intended person isn’t clearly identified in the will. Our firm has seen bequests to “my nurse Clara” or “my old friend Mary Jones.” (This is one reason people should enlist a skilled attorney to draft their will, rather than doing it on their own.) Figuring out who the intended person may be, let alone finding them, can be a time-consuming process.

(To learn more, read our blog about common mistakes in wills.)

2. The Existence and Possession of a Valid Will

If the decedent left a legally valid will, the probate process can generally proceed quickly because the court can immediately identify the heirs. If there is no will (known as the person dying intestate), Florida law determines who inherits the estate. This can be fast if there’s a close relative like a spouse or adult child, but if not and the estate will be going to a distant relative who must be located and brought up to speed, the process can slow.

(To learn more, read our blog What You Need to Know About Florida Intestacy Law)

Often, we see relatives who are certain the person had created a valid will, but they cannot find it. The hunt for the will–or getting the court to certify a copy if only the original is lost–can take a lot of time.

3. Size and Complexity of the Estate

An estate involving multiple properties, business interests, or hard-to-value assets like artwork or collectibles typically requires additional time compared with estates where everything is in a bank or brokerage account.

The size of the estate also matters, because small estates can be fast-tracked through a process known as a summary administration. (See below for details.)

4. Handling of Creditors

Florida law requires the estate to notify creditors and give them up to 90 days to file their claims. If disputes arise and claims need to be challenged, this may prolong the process.

5. Court Schedules

Especially in cases where the Probate Judge asks for hearings at multiple points in the process, the availability of the judge’s calendar can cause delays. Crowded court dockets in Miami and some other counties create backlogs that slow the process.

Having an experienced probate lawyer on your team helps to minimize these delays because we know each county’s submission procedures and work hard to ensure our submitted documents are accurate and complete.

6. Beneficiary Disputes

Disputes among heirs or by people excluded from the will can affect the speed of a probate proceeding. In cases where someone files litigation, the process can drag on for months or even years.

Types of Probate in Florida and Their Timelines

Florida allows for four main types of probate administration. Each type has different requirements that can impact the timeline.

1. Formal Administration

Formal administration is the common type of probate for Florida estates valued at more than $75,000 and within two years of the person’s death. Formal administration involves numerous, discrete steps, from getting the court to appoint the personal representative who administers the estate to notifying creditors and resolving debts or taxes the estate may owe.

Timeline:
Formal administration generally takes six months or longer to complete. Factors that affect this timeline include difficulty locating assets, disputes among beneficiaries, or having numerous creditor claims.

2. Summary Administration

Summary administration is a faster and less complex alternative to formal probate, but this can only be done for estates valued at $75,000 or less (excluding exempt assets like life insurance) or in cases where the decedent has been gone for more than two years. In some cases, experienced probate attorneys may advise clients to wait the two years before opening the Florida probate in order to speed the process.

Timeline:
Summary administration can often be completed in two to three months, assuming all documentation is in order and there are no complicating factors.

3. Ancillary Administration

This probate type applies when someone who is not a Florida resident dies while owning property or assets in the state, such as a snowbird with a second home in Florida. The main probate is opened in their state of residence, while the ancillary administration oversees the sale and distribution of the Florida assets only.

Timeline:
The timeline for this generally depends on the probate process in the decedent’s home state, which varies widely, but the Florida portion can often be done quickly.

4. Disposition Without Administration

This is the simplest form of probate, used in rare cases for very small estates where the value of the assets is below the costs incurred for final medical or funeral expenses. The probate is opened only so the estate can pay these bills.

Timeline:
This process can often be completed in a few weeks to a month.

(To learn more, read our blog Is Probate Required in Florida? An Experienced Florida Probate Attorney Answers)

How the Law Office of Gary M. Landau, P.A. Can Help

Handling probate properly can feel like an overwhelming task during a difficult time. The Law Office of Gary M. Landau, P.A., a boutique law firm in Coral Springs, Florida, has over 25 years of experience with the Florida probate process.

1. Informed Guidance on Probate Types

Whether your case involves formal administration, summary administration, ancillary administration, or disposition without administration, we determine the most suitable probate process for your situation to save you time and money.

2. Efficient Handling of Required Documents

Our legal team works closely with the personal representative to file all petitions, notices, and supporting documents promptly and correctly, reducing the risk of delays.

3. Support with Emotional Sensitivity

Longtime, experienced attorney Gary Landau and his team understand that probate is both a legally and emotionally taxing process, coming as it does at the end of a loved-one’s life. Our firm prides itself on our compassion as well as our expertise.

4. Serving Clients Across Florida

Whether the probate needs to be filed in Coral Springs, Parkland, or elsewhere in Florida (depending on where the deceased person lived), our law firm handles probate statewide–in fact, we have filed probates in nearly every county in Florida. Because we happily meet with clients via Zoom or phone as well as in-person, we can easily assist out-of-state family members managing Florida probate estates.

5. Free Consultation and Personalized Service

We offer complimentary consultations to discuss your unique probate needs. Lead probate lawyer Gary Landau personally returns all calls to him and gives each client the individualized attention everyone deserves.

Contact the Law Office of Gary M. Landau, P.A., Your Florida Probate Lawyer

While some probate cases conclude more quickly than others, the actions you take can make a significant difference in the timeline of this often complex process. Our knowledgeable legal guidance helps you expedite the process and reduce your stress. Well-versed in the probate process, the Law Office of Gary M. Landau, P.A. offers courteous and ethical service geared to the specific needs of every client.

Have you been searching online for “estate lawyers near me”?

With more than 25 years of experience in our practice areas and countless satisfied clients, Gary M. Landau and his team are uniquely positioned to help you with your probate and real estate needs in Coral Springs, Parkland, and throughout Florida. Whether you’re ready to probate a loved one’s estate or to write your own will, or if you are purchasing a home, have inherited a home, or want a closing agent to handle title insurance and all documents for your closing or refinancing, the LAW OFFICE OF GARY M. LANDAU, P.A. is ready to work with you.

Call our office at (954) 979-6566 or complete our online form today to schedule a free consultation. We work with our clients in person, over the phone, or on Zoom.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction.

LAW OFFICE OF GARY M. LANDAU, P.A.
7401 Wiles Road, Suite 204
Coral Springs, FL 33067
(954) 979-6566
https://garylandau.com/

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Frequently Asked Questions

A will is the simplest way to ensure that your funds, property and personal things will be distributed after your death the way you want them to. Even if you have very few assets, you will benefit from having a will. About half of all Americans die without a will (known in legal terminology as dying intestate). Without a will to indicate your wishes, the court steps in and distributes your property according to state law. A will ensures that your assets will be given to family members or other beneficiaries you designate.

 

Having a will is doubly important if you have young children. One section of the will allows you to designate a guardian for them in the event of your death. Without a will, the court will appoint a guardian for your children, who may not be the person you desire.

Many Florida residents have out-of-state wills, drawn up while they were still living among the hills of North Carolina or the hubbub of New York. If the will was valid according to your old state’s laws at the time you made it, it is still legal in Florida. However, if you are a Florida resident, you may benefit greatly by having a new will drawn up in Florida, because it will likely be more easily admitted to probate.

 

It is important to know that each state has its own requirements for what makes a will a legally binding document. For example, Florida doesn’t recognize handwritten wills that haven’t been witnessed (known as “holographic wills”), or oral wills not put into writing, even if other states okay them. There’s also the matter of Florida estate law. In this state, for example, your surviving spouse is entitled to 30 percent of your net probate estate, regardless of what you say in your will. The spouse may also have a “Homestead” interest in property you share here, even if you want your house to go to someone else. In fact, all real property owned in Florida will be subject to this state’s laws, even if you’re a snowbird maintaining a residence in the state where your will was drawn up. Other peculiarities also exist, which is why a Florida will could make things much easier for your heirs.

 

If you would like to have me review your current out-of-state will, I am happy to do so without charge. If it turns out to be in accordance with Florida state laws and procedures, you can continue to rely on it. If not, however, your heirs would rather you discover that now.

It is a good idea to re-read your will every few years to be sure it reflects up-to-date realities (you may not want to leave your heirloom to a niece you are no longer speaking to, nor have someone be named your child’s guardian if they have taken seriously ill since you drafted your will). It is especially important to reexamine your will if:

 

  • You have gotten married since it was last drafted;
  • You have made bequests to people who have fallen out of your favor or are no longer living (I recently updated the will of a man who had left everything to his first wife, who was long deceased), or you have not included people who are now dear to you;
  • You would like to change the person named as the personal representative of the estate. (Note: Florida law does not allow a nonresident of the state to serve in this position, unless it is an immediate family member or certain other relatives);
  • You have acquired pricey or sentimental items that are not accounted for in your will. Do note, though, that Florida law allows you to attach a separate personal property memorandum to your will, detailing who will get which specific items. This list can be changed whenever you want.

Perhaps I should answer this question with where not to store it: in a bank’s safety deposit box. Although it may seem logical to put this with your other important papers, it is often difficult for your heirs to gain access to the box once you die, since the box is sealed then and must be opened in the presence of a bank employee.

 

One good option is to leave your original will with the attorney who drafted it, making copies for your personal representative and other important relatives and letting them know who has the original. For my clients who prefer that I store their original will, I keep it in a fireproof will vault in my office, or in the vault in my bank.

 

As an alternative, you could store the will in a fireproof box or vault in your own home.

 

Wherever you store it, be sure to let your personal representative and other close relatives know where you have put it!

Probate is when the court oversees your assets and liabilities after your death. During probate, the court makes sure that your will is valid and acceptable; that all debts, bills, creditor’s claims, and taxes are paid from your estate’s assets; and that your remaining assets are distributed to your beneficiaries according to your will (or, if no will exists, by Florida law).

 

Probate usually does take longer than most beneficiaries would like. But in order to ensure that everyone with a right to a claim is included in the process, the court requires several steps. If the size and complexity of your estate are minimal, however, the entire process of probate can take as little as a few months. Larger estates that are subject to IRS estate taxes or those involving litigation on the part of creditors or heirs generally take longer, often one or more years.

 

To speed the process along for simple and small estates, the courts allow a shortened form of probate, known as “summary administration,” which requires much less paperwork and time.

A personal representative (PR) is a friend or relative, or an attorney or bank, who is put in charge of the estate until all matters regarding the probate are resolved. (In other states, this person is sometimes called an executor or administrator.) The job of the PR includes identifying all assets, searching for creditors and paying valid claims, filing required estate tax returns if the estate is large enough (the figure escalates over time, according to Congressional laws), coordinating with the probate court and attorneys, and overseeing the distribution of assets–all done under the guidance and assistance of a qualified attorney.

 

Serving as a PR is an important role, and such a person should be selected with care as to who is most willing and best able to serve in this position. By Florida law, your personal representative must be over 18 years of age, and be a blood relative, your spouse, the parent or child of your spouse, or a Florida resident.

Generally, no. If you co-own all property via such legal structures as “tenancy by the entirety” or by “joint tenancy with right of survivorship” the property immediately passed to you upon your spouse’s death. Proof of death is usually all that is needed to pass such jointly owned title for cars, stocks, and other personal property to the surviving spouse.

 

But if even one asset was held solely in the deceased person’s name, or any property is owned in the form of a “tenancy in common,” that estate will be required to go through probate. If the assets are limited, the shorter, simpler form of probate is generally all that is required.
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