The question families ask most often in the first meeting is how long this is going to take. The honest answer is that it depends on which type of probate the estate needs — and, within formal administration, on a handful of facts about the estate itself.
Summary Administration: Weeks, Not Months
Summary administration under Fla. Stat. § 735.201 is the shorter track. It is available when the total value of the estate's non-exempt assets does not exceed $75,000 (or $150,000 for decedents dying on or after July 1, 2026 under CS/SB 1500), or when the decedent has been dead for more than two years so that creditor claims are barred by statute.
In a summary administration, no personal representative is appointed. The court reviews the petition and enters an Order of Summary Administration directing each asset holder — a bank, a brokerage firm, the county recorder, the DMV — to release the asset directly to the beneficiaries named in the order. In Orange County, an uncontested summary administration that is correctly prepared typically closes in four to eight weeks from the date of filing.
Formal Administration: Six to Twelve Months
Formal administration under Fla. Stat. § 733.101 et seq. is required for any estate that does not qualify for summary administration and any estate that needs an active personal representative — to sell real property, to sue or defend on behalf of the estate, to manage ongoing rental income, or to administer a complex asset mix.
A straightforward formal administration in Orange County — no contested claims, no disputed distributions, no federal estate tax return — typically takes between six and twelve months. The minimum is largely set by the three-month creditor claims period under Fla. Stat. § 733.702, which cannot be shortened regardless of how quickly everything else moves.
What Extends the Timeline
Several factors consistently lengthen formal administration beyond twelve months:
A contested will or disputed personal representative qualification requires briefing, hearings, and sometimes a bench trial. A single will contest can add a year or more.
A federal estate tax return (Form 706, due nine months from date of death for taxable estates) adds complexity and, sometimes, IRS processing time.
Real estate that requires marketing, sale, and court authorization to close — particularly commercial property or homestead property — adds several months to the timeline.
A personal representative who is unresponsive, disorganized, or in conflict with the beneficiaries creates delays at every step of the administration.
Out-of-state ancillary proceedings — for a Florida resident who also owned property in another state, or for a non-Florida resident who owned Florida property — require parallel administration in multiple jurisdictions.
The Practical Answer
If the estate qualifies for summary administration and is properly prepared: four to eight weeks.
If formal administration is required and nothing is contested: six to twelve months.
If there are disputes, tax issues, or complex assets: twelve to twenty-four months, or longer.
The conversation at the initial consultation is about which of those applies to your estate — and what, if anything, can be done to move toward the shorter end of the range.
