How Long Does Probate Administration Take In North Carolina? - Florida
The Short Answer
Under Florida law, the timeline for probate depends heavily on whether the estate qualifies for summary administration or requires a more involved probate administration. Some estates can be wrapped up in a matter of months, while others take longer due to creditor issues, disputes, or complex assets.
What Florida Law Says
Florida probate timing is driven by the type of administration and mandatory waiting periods for objections and creditor-related issues. For smaller estates (or where the decedent has been deceased long enough), Florida allows a streamlined process called summary administration, which can significantly shorten the overall timeline compared to a full probate administration.
The Statute
The primary law governing this issue is Fla. Stat. § 735.201.
This statute establishes that summary administration may be available when the Florida estate (excluding exempt property) does not exceed $75,000, or when the decedent has been dead for more than 2 years (and the will does not require formal administration).
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Interested persons who receive a Notice of Administration generally have 3 months to file certain objections, and some objections may be barred after that window. See Fla. Stat. § 733.212.
- Burden of Proof: If there is a will contest or dispute about who inherits, the estate can be delayed significantly, and the evidence needed to resolve those issues can be substantial.
- Exceptions: Creditor-related issues can change the timeline—Florida has a hard two-year limitation period affecting many claims against estates, with important exceptions. See Fla. Stat. § 733.710.
Even when everyone is cooperating, probate can stall if the wrong process is chosen, required notices are mishandled, or assets and debts are not addressed in a legally defensible way. An attorney can help you select the proper type of administration, anticipate delay points, and keep the estate moving toward closing.
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.
Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.