When a family asks how long probate will take, the honest answer is usually six to twelve months for a straightforward formal administration in Orange County — but that range conceals a lot of variance. A clean estate with marketable assets, a cooperative family, no tax issues, and a personal representative who responds promptly can close in month six. An estate with a contested will, a piece of commercial real estate that needs a partition sale, a federal estate tax return that requires IRS clearance, or a beneficiary who objects to the accounting can be open for two years or more.
The month-by-month breakdown below reflects the path of an uncontested formal administration in Orange County.
Month One: Petition Filing
The first month involves reviewing the will, identifying the proposed personal representative (PR), ordering certified death certificates, gathering a preliminary asset list, and preparing the Petition for Administration. The petition is filed with the Orange County Probate Division along with the original will, the death certificate, and the proposed Order of Appointment.
Filing fees in Orange County are based on the value of the estate and are paid at this step. The court reviews the petition and, if everything is in order, enters the Order of Appointment and directs the Clerk to issue Letters of Administration.
Month Two: Letters, Notices, and Opening the Estate
Once Letters of Administration issue, the PR has legal authority to act. Month two involves: presenting Letters to financial institutions and transferring accounts into the estate; serving the Notice of Administration on all beneficiaries under Fla. Stat. § 733.212 (which starts the 90-day window for beneficiaries to contest the will or object to the PR); publishing the Notice to Creditors in a local newspaper and serving it on every known creditor under Fla. Stat. § 733.2121.
The Notice to Creditors publication starts the three-month creditor claims period. This clock runs whether or not any actual claims are filed.
Month Three: Inventory
Within 60 days after Letters issue (which in practice usually lands in month two or three), the PR files an Inventory of the estate listing every probate asset at its date-of-death value under Fla. Stat. § 733.604. We coordinate appraisals during this period for real estate, business interests, and other assets where date-of-death value is not self-evident from a statement.
Months Three through Five: Managing the Estate
During this period, the PR manages estate property, responds to any creditor claims that come in, and handles estate tax obligations. This includes obtaining the estate's EIN, coordinating the decedent's final Form 1040, and — for taxable estates — preparing the Form 706 federal estate tax return (due nine months from date of death, with a six-month extension available).
For estates with real property to sell, the marketing and sale process typically runs during this window. Court authorization is required before the PR sells homestead property; other real property generally does not require court approval unless the will or Letters restrict the PR's powers.
Month Five or Six: Creditor Claims Period Closes
The creditor claims period ends three months after the first publication of the Notice to Creditors. Once it closes, the PR reviews each filed claim, pays valid ones, and objects to claims that are improperly stated, untimely, or overstated. Creditor claims must generally be objected to within 30 days of filing (or service, if later). An unchallenged claim becomes a judgment against the estate.
Months Six through Nine: Final Accounting
Once creditor claims are resolved and major estate transactions are complete, the PR prepares the Final Accounting — a detailed record of every receipt and disbursement during the administration, the fees paid to the PR and to counsel, and the assets remaining for distribution. The Final Accounting is served on all residuary beneficiaries with a Notice of the right to object under Fla. Prob. R. 5.346.
Beneficiaries who approve can sign waivers of objection. If no objections are filed within the objection period, the PR proceeds to the Petition for Discharge.
Months Nine through Twelve: Distribution and Close
The PR files a Petition for Discharge with the proposed plan of distribution — who gets what, in what form, in what amount. After the court approves the accounting and plan, the PR distributes the remaining estate assets, obtains Receipts and Releases from each beneficiary, and files them with the court. The court enters the Order of Discharge, releasing the PR from further duty. The estate is closed.
For most uncontested formal administrations in Orange County, this sequence from petition filing to Order of Discharge takes nine to twelve months. Contested matters, tax issues, or complex asset sales extend the timeline — sometimes significantly. But if you are in month twelve of an uncontested estate and nothing has been disputed, the end should be in sight.
