How Long Does Probate Really Take in Florida? A Month-by-Month Guide for Orlando Families

The Honest Answer No One Gives You at the Funeral

The question families ask us most in the first week is the hardest one to answer cleanly. How long will this take?

The honest answer is that a typical Florida formal probate takes six to twelve months from start to finish. Simpler estates can wrap up faster. Contested estates, estates with out-of-state real property, estates that need ancillary administration, or estates where creditors actually show up can stretch past a year. We have handled matters that closed in four months and matters that took three years. The calendar does not care how grateful the family is to be done.

Telling clients what to expect early is part of our job. The realistic number is almost always longer than what Aunt Karen promised at the wake. Here is what actually happens, month by month, in a typical Orlando probate.

Weeks One Through Four -- The Opening Phase

The first month is paperwork and patience. We review the will if there is one, identify the personal representative named in it, and confirm the person is willing and qualified under Florida law. We order certified death certificates, gather a preliminary list of assets, and prepare the petition for administration for the Orange County (or Osceola, Seminole, Lake, or Brevard) probate court.

The Petition for Administration is filed along with the original will (Florida requires the original, not a copy, unless the lost-will process applies), the death certificate, and several proposed orders. The court clerk reviews the paperwork. That review alone can take one to three weeks depending on the county's backlog.

Once the judge signs the order and Letters of Administration issue, the personal representative is officially authorized to act. Banks, brokerages, and title companies will finally talk to us. Clients often feel a wave of relief at this point. They are usually looking at another four to ten months before the estate closes.

Months Two and Three -- Notices, Creditors, and the Three-Month Clock

With Letters in hand, the next big step is publishing the Notice to Creditors in a local newspaper of general circulation and sending individual notices to reasonably ascertainable creditors. Under Florida Statute 733.701, creditors then have three months from the first publication to file claims against the estate.

That three-month window is the structural floor on almost every formal probate. Even if everything else is ready, the estate cannot safely close until the creditor period expires and any filed claims are resolved. Planning clients sometimes hear this and ask if we can skip the notice. The answer is no. Closing without a proper creditor period exposes the personal representative to liability for years afterward.

During this same period, we inventory the estate's assets, get date-of-death valuations (real estate appraisals, brokerage statements, bank balances), and file the inventory with the court. For estates that owe federal estate tax -- a narrow set, given the 2026 federal exemption at fifteen million dollars per person -- we also start tax return work with the accountant.

Months Four Through Six -- The Working Phase

Once the creditor period ends, most estates hit their productive stretch. We address claims that were filed, pay undisputed debts, file any necessary tax returns, and begin distributing assets that do not require a final accounting.

A few common slow points show up here. Real estate sales take whatever real estate sales take, especially in a market where a dated Orlando bungalow needs twenty thousand dollars of repairs before it will appraise. Out-of-state real property requires ancillary administration in the other state, which runs its own parallel timeline. A brokerage account that was not transfer-on-death can take four to eight weeks from the request-of-change-of-ownership package to the actual retitling, even with no disputes. None of these is anyone's fault. All of them add weeks.

For smaller estates, 2026 brings a meaningful improvement. Florida's summary administration threshold rises to one hundred fifty thousand dollars for estates of decedents who died on or after July 1, 2026 (excluding the value of a protected homestead). Summary administration skips the personal representative framework entirely and typically closes in weeks, not months. If your parent's estate will qualify, it is worth the wait until the new law is in effect before filing, assuming heirs are not hurt by the delay.

Months Six Through Nine -- Tax Returns, Final Accounting, and Closing

If the estate is uncomplicated and the creditor period has closed, this is when the final accounting takes shape. We prepare the final accounting, send it to all beneficiaries, and ask each to sign a waiver of accounting and consent to distribution. If everyone signs, the court can close the estate without a hearing. If someone objects -- which is uncommon but not rare -- the timeline adds whatever the dispute takes to resolve.

Estates with a federal estate tax obligation file Form 706 within nine months of the date of death, with a six-month extension available. Estates filing a Form 706 just to elect portability (the first-spouse-to-die situation where the surviving spouse wants to preserve the deceased spouse's unused exemption) have five years from the date of death under Rev. Proc. 2022-32. Those filings push out the closing calendar because the estate generally cannot safely distribute until the IRS has processed the return.

Florida has no state estate tax, which removes one entire layer of delay that families in New York, Massachusetts, or Oregon still face. That is a quiet gift of living here.

Months Nine Through Twelve -- Closing the Estate

After the final accounting is approved and the tax returns (if any) are accepted, we distribute the remaining assets to the beneficiaries, obtain receipts from each, and file the petition for discharge. The judge signs the order of discharge. The personal representative is released. The estate is finally closed.

For most Orlando families, that day comes somewhere between month nine and month twelve. For families with a clean estate and no real estate sale, it can be month six. For families with a contested will, a bad personal representative, or a commercial property that needs a partition sale, it can be month twenty-four or longer.

What Actually Speeds Probate Up

The fastest probates we handle share a few things in common. There is a recent will, properly executed in Florida, naming a personal representative who is ready to serve. The beneficiaries get along, at least well enough to sign the same pieces of paper. The assets are clean -- no accounts in twelve different banks, no mystery safe deposit box, no out-of-state vacation cabin no one mentioned at the first meeting. The personal representative returns calls and emails promptly, because every unreturned email is a week we lose.

Trust-based plans avoid most of this. A funded Florida revocable trust passes assets without probate at all, which is why we spend a lot of time in estate planning meetings talking about funding. A will still needs to be probated. A well-drafted, unfunded trust helps very little.

What Slows Probate Down

The things that slow a probate are just the opposite. Beneficiaries who are not speaking to each other. An original will that cannot be found (Florida has a rebuttable presumption that a missing original was revoked, which triggers a whole subproceeding). A personal representative who lives in another state and does not bother to qualify. A bank that insists on its own special affidavit. A contested creditor claim. A disputed piece of tangible personal property that three siblings all believe Mom promised to them specifically.

Families who approach probate as a team and a project close estates faster. Families who approach probate as a referendum on who Mom loved most close estates slowly.

How Our Firm Keeps Orlando Families Moving

At Yergey and Yergey, P.A., we have been handling Orlando probate cases since 1928. Attorney David A. Yergey III holds an LL.M. in Taxation and also handles estates with federal estate tax and portability issues in-house. We stay ahead of the calendar, push the paperwork, and keep the family informed throughout. When beneficiaries start to disagree, we get in front of the issues early, before a disagreement becomes litigation.

If you have lost a loved one in Central Florida or you have been named as a personal representative and are not sure what to do next, please call us at (407) 843-0430 or visit orlandoprobatelawyer.com. A thirty-minute phone call usually gives families enough clarity to take a deep breath and start the process the right way.

Frequently Asked Questions

Can we skip probate if everyone in the family agrees?

Agreement alone does not skip probate. Probate is a legal process to transfer title and resolve creditors. Avoiding probate usually requires planning before death -- a funded revocable trust, payable-on-death designations, joint titling, or the tools that apply to your specific assets. After death, we work with whatever was set up.

What is summary administration and when does it apply?

Summary administration is a shorter Florida probate for smaller estates. Currently the estate (excluding homestead) must generally be under seventy-five thousand dollars, or the decedent must have been dead more than two years. Effective July 1, 2026, the threshold rises to one hundred fifty thousand dollars. Summary administration typically closes in weeks and costs less than formal administration.

Do I have to hire a lawyer for Florida probate?

Florida requires a licensed attorney to represent the personal representative in formal probate administration, with very limited exceptions. This is the rule in almost every Florida county. Even where not strictly required, trying to do probate alone usually costs the estate more than the attorney's fee would have.

What if the original will is lost?

Florida treats a missing original will as presumptively revoked, but the presumption can be overcome with evidence (a copy of the executed will, testimony about the original's handling, etc.). The lost-will process adds time and complexity. Keep the original in a safe, known location. Tell one trusted person where it is.

How much does Florida probate cost?

Statutory attorney's fees are set by Florida Statute 733.6171 and are based on the gross estate value, with typical fees ranging from three percent on the first million down to one percent or less on larger estates, plus extraordinary services. Personal representative fees are similar. Court filing fees, publication costs, and certified copies add modestly on top. Exact numbers depend on the estate.

Ready to Talk to an Orlando Probate Attorney?

Probate is a marathon, not a sprint. With the right planning ahead of time, many families never have to run it at all. If you need help administering an estate or want to plan so your own family can skip probate entirely, our Orlando office is ready to help.

Call (407) 843-0430 or visit orlandoprobatelawyer.com. We have been walking Central Florida families through this process for almost a century, and we would be glad to walk you through it too.