Florida Probate Timeline: Key Deadlines for Personal Representatives

How Long Does Florida Probate Take?

Florida Formal Administration typically runs 6 to 12 months from the filing of the Petition for Administration to the issuance of the Order of Discharge. Straightforward estates with a cooperative family, no creditor disputes, and prompt filings tend to close in 6–8 months. Estates with contested claims, homestead complications, real property requiring appraisal, or unresponsive beneficiaries can extend toward 12 months or longer.

Florida uses the term Personal Representative rather than "executor" or "administrator" — this is the official title under Florida Probate Code regardless of whether the deceased left a will. The Personal Representative is appointed by the Circuit Court, acts under court supervision, and is discharged only after the court approves the final accounting and distribution.

Month 1: Opening the Estate and Serving Critical Notices

The first month of Florida probate involves more simultaneous obligations than any other phase. Several of these tasks have downstream consequences — the Notice of Administration triggers a 3-month objection window; the Notice to Creditors starts the creditor claim clock; neither can be undone if done incorrectly.

Gathering Documents and Filing the Petition

• Obtain certified death certificates: Order 3–5 certified copies. Florida's Circuit Court, financial institutions, the Social Security Administration, and title companies will each require originals. Do not rely on photocopies — they are almost universally rejected.
• Locate the original will: The original (not a copy) must be deposited with the Circuit Court within 10 days of death under F.S. 732.901, whether or not probate is immediately opened. If the will was deposited before death, request it from the clerk.
• File the Petition for Administration: Filed with the Circuit Court in the county of the deceased's domicile at death. Florida has a mandatory filing fee schedule — confirm the current amount with the clerk.
• File Designation of Resident Agent: Required under F.S. 733.304 if any interested person (beneficiary, heir, creditor) is not a Florida resident. The Resident Agent is the person in Florida designated to receive service of process on behalf of the estate.
• Take the Oath as Personal Representative: The Personal Representative must take an oath before the clerk or a notary before Letters of Administration are issued.
• Receive Letters of Administration: This is the document that grants the Personal Representative legal authority to act on behalf of the estate — to marshal assets, open accounts, communicate with financial institutions, and manage estate property. Nothing substantive should be done before Letters are in hand.

Serving the Notice of Administration (F.S. 733.212)

The Notice of Administration is a Florida-specific requirement with no exact counterpart in most other states. It must be served on all "interested persons" — including heirs, beneficiaries, trustees of any trust that is a beneficiary, and others with a legal interest in the estate. Service must be accomplished promptly after Letters of Administration are issued.

Why it matters: the Notice of Administration starts a 3-month clock during which interested persons can file objections to the validity of the will, the qualifications of the Personal Representative, the venue of the proceeding, or the jurisdiction of the court. Once the 3-month window closes without objection, those challenges are waived.

Publishing the Notice to Creditors (F.S. 733.2121)

The Notice to Creditors must be published in a local newspaper of general circulation for two consecutive weeks. This publication starts the 3-month creditor claim period. Unlike the Notice of Administration (which is served on specific known persons), the published Notice to Creditors is directed at unknown creditors — those the Personal Representative is not aware of.

Known creditors must also be served directly by mail or delivery. For known creditors, the claim period runs for 30 days from service of notice — or until the end of the 3-month publication period, whichever is later.

Months 1–2: Financial Administration Foundations

• Open an estate bank account: All estate funds must be held in a dedicated fiduciary account in the estate's name, with the Personal Representative identified as the fiduciary. Commingling estate and personal funds is a breach of fiduciary duty.
• Apply for an Estate EIN: Apply at IRS.gov — the EIN is issued immediately online and is required before opening the estate bank account.
• Notify Social Security: Report the death to the Social Security Administration. Any SSA payments received for the month of death or after must be returned.
• Notify Florida Department of Revenue: If the deceased had Florida tax obligations (business taxes, documentary stamp tax on real estate transfers), coordinate with the Department of Revenue as appropriate.
• File the Inventory (F.S. 733.604): A complete list of all probate assets and their fair market value as of the date of death. Due within 60 days of appointment. Unlike some states, Florida's Inventory is not filed with the court — it is served on all interested persons. The court may order it produced, but it is not a public court filing in the ordinary course.

Months 1–3: Managing the Creditor Claim Period

The 3-month creditor claim period is the controlling timeline factor in most Florida estates. The Personal Representative should not make final distributions to beneficiaries until this period has closed and all creditor claims have been evaluated.

• Receive and log all creditor claims: Claims submitted within the 3-month window must be given full consideration. Track each claim's receipt date.
• Evaluate each claim: Is the debt valid? Is the amount correct? Was the claim submitted within the applicable deadline? Claims submitted after the deadline are generally time-barred.
• Pay or object to each claim: Pay valid claims from estate funds in the order of priority established by F.S. 733.707. To reject a claim, serve a written notice of objection on the creditor — the creditor then has 30 days to file an independent action or the claim is barred.
• Priority order for paying debts: Florida statute establishes the order in which estate assets are applied to debts. Administration expenses and attorney fees come first; funeral expenses second; debts to the United States; unpaid wages; then general creditor claims. This order is mandatory if the estate is insolvent.

Months 3–6: Tax Obligations

• File the decedent's final federal income tax return (Form 1040): Due April 15 of the year following death (or October 15 with extension). Florida has no state income tax — no state return is required, which simplifies this phase considerably.
• File Form 1041 if applicable: If the estate earns income after death (interest, dividends, rent, capital gains from asset sales), the estate itself must file a federal income tax return. The estate tax year can be a fiscal year ending on any month-end within 12 months of death.
• Consider federal estate tax: Federal estate tax applies to gross estates exceeding the applicable exclusion amount (currently over $13 million per individual). Most Florida estates do not owe federal estate tax, but confirm this by calculating the gross estate value before assuming it does not apply.

Months 5–12: Final Accounting, Distribution, and Discharge

• Prepare the Final Accounting: A detailed accounting of every dollar received by the estate and every dollar disbursed — assets collected, expenses paid, taxes paid, creditor claims paid, and proposed distribution. Serve on all interested persons and allow 30 days for objections.
• Address any objections: If an interested person objects to the Final Accounting, the matter may require a court hearing. In uncomplicated cases with cooperative beneficiaries, no objections are filed.
• File the Petition for Discharge: After the objection period closes without objection (or after any objections are resolved), file the Petition for Discharge asking the court to approve the Final Accounting, authorize distribution, and discharge the Personal Representative from liability.
• Receive the Order of Discharge: The court issues the Order of Discharge, which terminates the Personal Representative's fiduciary role and releases them from personal liability for the administration of the estate.
• Distribute assets and close: Transfer funds to beneficiaries per the distribution order, re-title or deed real property, transfer any remaining personal property, and obtain signed receipts from each beneficiary. File receipts with the court to complete the record.

More Florida Probate Guides

• Florida Summary Administration: The Faster Probate Path for Small Estates
• Florida Homestead in Probate: What Executors Need to Know