The Short Answer

In Florida, there is not a universal rule that probate must be opened within one year of death. However, waiting can still trigger serious deadline problems—especially for creditor claims—because Florida imposes a hard two-year cutoff that can bar many claims against the estate even if probate was never opened.

What Florida Law Says

Florida probate deadlines are often driven by what you are trying to accomplish (collect assets, transfer title, deal with creditors, or pursue/defend claims). A key concept is that certain creditor rights and estate liabilities can be cut off by statute after a fixed period from the date of death—regardless of whether anyone opened a probate case.

The Statute

The primary law governing the outside deadline for many claims against a Florida estate is Fla. Stat. § 733.710.

This statute generally provides that 2 years after the decedent’s death, the estate, personal representative, and beneficiaries are not liable for claims or causes of action against the decedent, even if no letters of administration were ever issued—subject to limited exceptions stated in the statute.

Separately, once a probate is opened and a Notice to Creditors is published/served, creditor claim deadlines are controlled by Fla. Stat. § 733.702 (typically a short window tied to publication/service), but that shorter deadline does not extend the two-year cutoff in § 733.710.

Also, if the decedent has been dead for more than two years, Florida law may allow summary administration in certain situations. See Fla. Stat. § 735.201.

For more background reading, you may also find these helpful: How creditor claims work in a Florida estate.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: The two-year nonclaim cutoff in Fla. Stat. § 733.710 can bar many claims even if probate was never opened, and the shorter creditor deadlines in § 733.702 can apply once notice is published/served.
• Burden of Proof: If someone is trying to enforce a debt, challenge a transfer, or recover property, the evidence needed (contracts, account statements, title records, notice issues) can determine whether a claim is barred or preserved.
• Exceptions: Some matters may survive outside the probate claims process (for example, certain lien enforcement rights), and other disputes may be governed by different deadlines entirely. Determining which deadline applies is a legal analysis problem, not a paperwork problem.

Delays can also create practical problems—lost records, missing witnesses, and assets that have already been transferred—making it harder to protect beneficiaries or defend against late-arising disputes.

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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.