The Florida probate timeline: what executors and heirs should expect
When an estate includes real property, the probate timeline determines how long that property sits under court oversight, and how long expenses keep accruing on it. Here is what the process actually looks like, stage by stage.
Typically 1 to 4 months
Available for estates valued at $150,000 or less (Florida raised this limit from $75,000 for deaths on or after July 1, 2026), or when the decedent has been deceased more than two years.
Typically 8 to 12 months
The standard path for larger or more complex estates. Straightforward cases can close sooner; contested or complicated ones can run well past a year.
Formal administration, stage by stage
Filing the petition
The personal representative files the petition, the will (if one exists), and the death certificate with the probate court. The court typically issues Letters of Administration within two to four weeks, which gives the personal representative legal authority to act on the estate's behalf, including its real estate.
Notifying creditors
Notice is published in a local newspaper for two consecutive weeks, and known creditors are notified directly. From the date of first publication, creditors have three months to file a claim against the estate.
Filing the inventory
Within 60 days of receiving Letters, the personal representative files a detailed inventory of estate assets, valued as of the date of death. Real property is usually appraised at this stage, which matters later if a sale is on the table.
Resolving creditor claims
Once the three-month creditor window closes, the personal representative reviews the claims filed and pays the valid ones, following the priority order Florida law sets for estate debts.
Taxes, and the decision on the property
Final tax returns are filed, and this is typically when a real decision gets made about the house: sell it during probate, transfer it to an heir, or hold it until distribution. Since the mortgage, taxes, insurance, and HOA dues keep accruing on the property the entire time, this is often the point where waiting stops making financial sense.
Final accounting and discharge petition
The personal representative prepares a full accounting of the estate's assets, income, and expenses, then petitions the court for discharge from their duties.
Distribution and closing
Once the court approves the final accounting, remaining assets, including proceeds from any property sale, are distributed to beneficiaries and the estate is closed.
Why this timeline matters for the property
Every month a house sits in probate is a month the mortgage, property taxes, HOA dues, and insurance keep coming due, whether or not anyone is living there. Vacant homes are also more exposed to deferred maintenance and to insurers quietly reducing or dropping coverage. None of that pauses for the court's schedule.
See the full breakdown on real property risks during probate for more on what to watch for while the estate is open.
This is a general overview of the Florida probate process for informational purposes and is not legal advice. Actual timelines vary by county, court caseload, and the complexity of the estate. Consult a licensed Florida probate attorney for guidance specific to your situation.
