Florida probate timeline 2026
How long Florida probate actually takes — by case type, with the 2026 reforms factored in. Honest numbers from real cases, not best-case fiction.
The headline numbers: summary administration runs 4–8 weeks for clean cases, formal administration runs 6–12 months, ancillary administration runs 8–16 weeks. The 2026 reform that doubled the summary threshold from $75k to $150k means a lot more estates qualify for the fast path — but only where the death was on or after July 1, 2026.
Below: realistic week-by-week and month-by-month timelines, what slows things down, and what actually speeds them up. These are honest numbers from cases we've worked, not the best-case fiction you'll find on competitor sites.
Summary administration — week by week
Summary administration is the fast path: no personal representative is appointed, no 90-day creditor notice, no inventory or accounting required. The court issues an order distributing the assets, and that order is what banks and title companies use to release them.
- Week 1–2: Intake call, document collection, draft Petition for Summary Administration. Most of this is gathering the death certificate, will (if any), and a rough asset list from you.
- Week 2–3: Petition filed with the clerk. Beneficiaries and heirs sign and notarize their joinders/consents. We chase signatures here — the most common bottleneck.
- Week 3–6: The court reviews the petition. Judges in some counties are faster than others — Sarasota and Manatee tend to issue orders in 4–5 weeks; Miami-Dade and Broward run 8–10 weeks for the same paperwork.
- Week 6–8: Order of Summary Administration issued. We send certified copies to banks and title companies; they release the assets directly to the named beneficiaries/heirs.
Total: 4–8 weeks for clean cases. We've closed summary admins in 3 weeks when the family is responsive and the county is fast; we've seen them stretch to 12 weeks when signatures lag or judges are slow. The variable is mostly judicial speed and family responsiveness, not the case complexity.
Formal administration — month by month
Formal administration is the standard path for estates over $150k or with complications (will contests, complex assets, missing heirs). A personal representative is appointed and runs the estate over a longer arc.
- Month 1: Petition filed, PR appointed via Letters of Administration, notice to creditors published. The 90-day creditor period starts now.
- Month 2–3: Inventory of assets prepared and filed. Tax IDs obtained. Estate accounts opened. Assets gathered or secured. Beneficiaries notified.
- Month 4: Creditor period closes (90 days from publication). Valid claims paid; invalid claims objected to.
- Month 5–6: Final accounting prepared. Beneficiaries review and sign waivers. Petition for discharge filed.
- Month 7+: Court approves final distribution. PR distributes assets and is discharged.
Total: 6–12 months for clean cases. Cases with disputes, real estate sales, or complex assets stretch to 12–24 months. The 90-day creditor period is the floor — formal admin cannot finish faster than that.
Ancillary administration — out-of-state decedents
Ancillary admin runs alongside the home-state probate. The Florida proceeding handles only the FL property; the home-state proceeding handles everything else.
- Week 1–4: Wait for the home-state probate to issue letters of administration (or equivalent). This is your gating item.
- Week 4–8: Florida petition filed using the home-state PR's authority. Notice and creditor publication run concurrently.
- Week 8–14: Florida court issues ancillary letters. FL property can now be sold, refinanced, or distributed. If a sale is involved, this often takes another 4–8 weeks.
- Week 14–16: Ancillary closing — typically faster than full formal because the home-state proceeding handles most of the heavy lifting.
What slows things down
- Missing or contested wills. A will contest pauses everything until the court resolves it. Add 6–12 months minimum.
- Missing heirs. If you can't locate a beneficiary or potential heir, the court won't let you close. Forensic genealogy and constructive notice procedures take 3–6 months.
- Real estate sales. Selling probate real estate adds 60–90 days for the sale process plus court approval if required.
- Tax issues. Estate tax returns (federal Form 706, FL Form DR-313) require closing letters before final distribution. Add 6–12 months for any estate over the federal exemption (~$13.6M).
- Slow counties. Some Florida counties run 2–3x slower than others on routine probate orders. Miami-Dade, Broward, and Palm Beach are the slowest by reputation; Sarasota, Manatee, and Pinellas are among the fastest.
- Family disagreement. Even without a formal contest, family conflict slows everything. Signature chases, scheduling, and 'one more meeting' add weeks.
What actually speeds things up
- Pick the fast path if you qualify. Summary admin is 3–4x faster than formal. The 2026 reform expanded eligibility — many estates qualify that wouldn't have a year ago.
- Sign promptly. Beneficiaries returning notarized joinders within 48 hours instead of two weeks shaves real time off summary admin.
- Have documents ready at the consult. Death certificate, will, deed, account statements. We can draft same-week if we have the inputs.
- Clean assets. Estates with one bank account, one house, and three beneficiaries close fast. Estates with eight accounts at six banks, two houses, a business, and twelve beneficiaries take longer no matter what.
- E-filing. All Florida courts now accept e-filing through myflcourtaccess.com. We e-file every case; some firms still mail paper, which adds a week.
The 2026 reform — what changed
Florida amended the Probate Code in 2026 through CS/HB 1337, signed April 29, 2026 as chapter 2026-57 and effective July 1, 2026.
Summary administration cap raised from $75,000 to $150,000 (§735.201). Estates that would have triggered formal administration now qualify for the fast path.
The trigger is the date of death, not the filing date. A death on or after July 1, 2026 gets the $150,000 cap. A death before that date keeps the $75,000 cap however late the petition is filed. This catches people out: filing in 2027 on a 2025 death does not buy you the higher limit.
The homestead does not count toward either figure — the cap is measured on non-exempt assets.
What people ask us about this.
Why does Miami-Dade take longer than Sarasota?
Can I sell the house during probate?
What if I just don't open probate?
Will my case really take 12 months?
Related guides
Intake reopens late October 2026. The guides stay free.
Rachel is not accepting new clients until late October 2026. Leave your details and we'll call when intake reopens. If your matter can't wait, The Florida Bar Lawyer Referral Service — 800-342-8011 — refers you to another Florida attorney taking cases now.
