In Florida the person who settles an estate is called the personal representative (other states say "executor"). The role is the same: gather the assets, pay valid debts and taxes, and distribute what's left — on the court's timeline. This page walks that timeline in plain English so you always know the next right step. It's an organizational guide, not legal advice; verify your specifics with the probate court and, where needed, a Florida attorney.
Which kind of Florida probate applies?
Florida has more than one path, and which one you use changes how much work is involved:
- Formal administration. The standard process for most estates, supervised by the circuit court in the county where the person lived. Florida generally requires an attorney for formal administration.
- Summary administration. A faster, lighter path available when the estate's non-exempt value is at or below the statutory limit, or the person died more than two years ago. Florida raised this limit, effective July 1, 2026, so confirm the current figure before deciding.
- Disposition without administration. A narrow option for very small estates with only exempt property and final-expense reimbursement.
Assets with a named beneficiary or co-owner — life insurance, retirement accounts, payable-on-death accounts, and property in a living trust — usually pass outside probate entirely.
The Florida probate sequence, step by step
- Order certified death certificates. Get 5–10 certified copies for the court, banks, insurers, and agencies.
- Deposit the will. The custodian of the original will must deposit it with the clerk of court within 10 days of learning of the death (Fla. Stat. §732.901). This is the one truly early deadline.
- File the Petition for Administration. File in the decedent's county and ask the court to appoint you and issue Letters of Administration — your legal authority to act.
- Receive Letters. Once the judge signs, you're the personal representative and most deadlines begin.
- File the Inventory. List and value the estate's assets and file the Inventory within 60 days of Letters (Fla. Prob. R. 5.340).
- Serve & publish Notice to Creditors. Publish notice and serve known creditors; the claim period runs from there.
- Pay valid claims, expenses, and taxes. Settle approved claims, file the final income tax return, and address any estate tax (Florida has no state estate or inheritance tax).
- Distribute & close. File the final accounting, distribute to beneficiaries, and petition for discharge.
Florida probate deadlines (cited to the law)
These are the dates personal representatives miss most often. In the organizer they're calculated automatically — here's the reference:
| What's due | When | Authority |
|---|---|---|
| Deposit the original will with the clerk | Within 10 days of death | Fla. Stat. §732.901 |
| File the Inventory | Within 60 days of Letters | Fla. Prob. R. 5.340 |
| Creditor-claim period | Later of 3 months after first publication / 30 days after service on a creditor | Fla. Stat. §733.702 |
| Decedent's final income tax return (Form 1040) | April 15 of the year after death | IRS |
| Federal estate tax return (Form 706, if required) | 9 months after death | IRS |
| Absolute bar on claims against the estate | 2 years after death | Fla. Stat. §733.710 |
Deadlines reflect general Florida statutes and rules verified to January 1, 2025 (summary-administration limit updated for July 1, 2026) and are subject to exceptions and local court practice. Always confirm with the probate court in the relevant county.
See your exact Florida dates in seconds
Enter the date of death, the date Letters were issued, and the notice-publication date — the free tool color-codes every deadline above.
Open the free deadline toolGood to know about Florida specifically
- No state estate or inheritance tax. Florida repealed its estate tax; only the federal estate tax can apply, and only to large estates.
- Homestead is special. Florida's homestead protections affect how the primary residence passes and whether it's reachable by creditors — get advice if a home is involved.
- Attorney usually required. Formal administration generally requires Florida counsel, but staying organized still saves billable hours and keeps you ahead of every deadline.
- Out-of-state personal representatives. Florida restricts who may serve from out of state — typically close relatives — so check eligibility before filing.
A note on overwhelm
The only clock ticking in the first days is depositing the will (10 days) and securing the property. Everything else flows from the day Letters are issued. From that point it's a checklist, not a guessing game.
Frequently asked questions
The custodian of the will must deposit it with the clerk within 10 days of death (§732.901). There's no fixed deadline to open administration, but claims are barred two years after death (§733.710), so don't wait. Smaller or older estates may qualify for summary administration (§735.201).
Costs include court filing fees, publication, and attorney's fees (formal administration generally requires counsel). Florida law treats a percentage of the estate value as a presumed-reasonable attorney fee, though fees can be agreed otherwise. Summary administration is typically cheaper than formal.
Summary administration can finish in a few weeks to a couple of months; formal administration usually runs 6–12 months or more, largely set by the 3-month creditor period and the court's calendar.
No. Florida has neither a state estate tax nor an inheritance tax. Only the federal estate tax can apply, and only to estates above the federal exemption.
No. This is an organizational guide. Deadlines are cited to current Florida law, but verify your specifics with a licensed Florida attorney and the probate court.
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