If you’ve recently lost a loved one in Florida, you’re probably wondering: How long does probate take? The answer isn’t always straightforward. In fact, Florida’s formal administration process – the most common type of probate – can often take months and, although uncommon, may take years to complete.
At The Siegel Law Firm, P.A., we serve clients throughout South Florida and the Treasure Coast, helping families understand and navigate the complexities of probate. At The Siegel Law Firm, P.A., we know that probate can feel confusing and slow – especially during a difficult time. That’s why we’ve developed clear procedures and streamlined processes to make probate as efficient and timely as possible for our clients.
Below, we explain how long probate takes in Florida and why formal administration can be a lengthy process.
The Two Types of Probate in Florida
Florida offers two main types of probate:
- Summary Administration – A quicker process, usually for estates under $75,000 or when the person has been deceased for more than two years.
- Formal Administration – The most common form, required for larger or more complex estates.
Why Does Formal Administration Take So Long?
Formal administration involves a number of time-consuming steps, including:
- Court Filings and Approvals: Every step must be filed with and approved by the probate court. That means petitions, notices, inventories, accountings, and orders – all of which are subject to processing delays.
- Creditor Claim Period: Florida law mandates a three-month window during which creditors can file claims against the estate. This period alone delays distribution.
- Dealing with Taxes: Estates may be subject to final income taxes, fiduciary taxes, or estate taxes, which must be calculated and resolved before final distributions can be made.
- Beneficiary Disputes or Will Contests: If disagreements arise, additional court hearings and legal filings can significantly extend the timeline.
- Multiple Beneficiaries or Out-of-State Property: Complex estate plans, multiple heirs, or property located in other states often require additional court proceedings, which can further slow the process.
How Long Does Probate Typically Take in Florida?
- Best-case scenario: Six to nine months
- Average case: Nine to 12 months
- Complex cases: One year or more
Each probate case is unique. The timeline can vary widely depending on the size of the estate, the number of beneficiaries, and whether any complications arise.
How to Speed Up the Probate Process
While some delays are unavoidable, there are steps you can take to keep things moving:
- Work with an experienced local probate attorney who knows the court system in Palm Beach, Martin, and St. Lucie Counties.
- Gather important documents (wills, financial statements, deeds, etc.) as early as possible.
- Maintain open communication with all beneficiaries to avoid disputes.
- Respond quickly to court or attorney requests.
We’re Here to Help
At The Siegel Law Firm, P.A., we understand how overwhelming probate can feel – especially while grieving a loved one. Our team helps families in Jupiter, Port St. Lucie, Stuart, and the surrounding areas navigate probate with clarity, compassion, and efficiency.
If you have questions or need help with a probate case, contact us today to schedule a free consultation. We’ll guide you through every step of the process and work to make probate as stress-free as possible.