What is the Timeline for Formal Administration in Florida Probate?

When a loved one passes away in Florida, their estate often goes through a legal process called probate. This process ensures that the deceased person’s assets are properly identified, debts are paid, and remaining property is distributed to heirs or beneficiaries.

If the estate is large or complex, it usually goes through a process known as Formal Administration. Many families wonder: How long does this process take? Understanding the timeline for Formal Administration in Florida probate can help families plan and reduce stress during a difficult time.

Let’s break down the key stages, timeline, and what to expect along the way.

What Is Formal Administration in Florida Probate?

In Florida, there are two main types of probate: Summary Administration and Formal Administration.

Formal Administration is the full version of probate and is required when:

• The estate’s value exceeds $75,000, or
  
  
• The deceased person passed away less than two years ago, and
  
  
• The estate involves complex assets, debts, or disputes.
  
  

Formal Administration involves court oversight, appointment of a personal representative (often called an executor), and a structured process for settling the estate.

This process ensures that everything is handled legally and fairly — but it also means it can take several months or longer to complete.

The Typical Timeline for Formal Administration in Florida

The timeline for Formal Administration in Florida probate can vary depending on the size of the estate, whether disputes arise, and how efficiently paperwork is filed.

However, most estates follow this general timeline:

1. Filing the Petition for Administration (Weeks 1–4)

The process begins when someone—usually a family member or the person named in the will—files a Petition for Administration in the probate court.

This document asks the court to:

• Open the estate formally, and
  
  
• Appoint a personal representative (executor).
  
  

At this point, the court reviews the will (if one exists) and officially authorizes the personal representative to manage the estate.

Timeframe: Usually 2–4 weeks, depending on the court’s schedule and whether all documents are correctly filed.

2. Appointment of Personal Representative (Weeks 4–6)

Once approved, the court issues Letters of Administration.

These letters give the personal representative legal authority to act on behalf of the estate—such as accessing bank accounts, collecting assets, and paying bills.

If there are disagreements over who should be the representative, this step can take longer.

Timeframe: Usually 1–2 weeks after filing, but may take longer in contested cases.

3. Gathering and Valuing Assets (Months 2–4)

The personal representative must now locate, secure, and value all the deceased’s assets.

This includes:

• Real estate
  
  
• Bank accounts
  
  
• Investments
  
  
• Vehicles
  
  
• Personal property
  
  

They also need to file an Inventory of Assets with the court, listing everything the deceased owned and its estimated value.

Timeframe: This stage usually takes 2–3 months, especially if property appraisals or bank information take time to collect.

4. Notifying Creditors and Paying Debts (Months 3–6)

Florida law requires the personal representative to publish a Notice to Creditors in a local newspaper and send direct notice to any known creditors.

Creditors have 90 days from the date of the notice to file their claims.

During this time, the representative must:

• Review claims,
  
  
• Pay valid debts and taxes, and
  
  
• Dispute any claims that seem incorrect.
  
  

This step is crucial to ensure the estate settles all obligations before distributing assets to heirs.

Timeframe: 3–4 months (the creditor period is mandatory).

5. Distributing Assets to Beneficiaries (Months 6–9)

Once all valid debts, taxes, and fees are paid, the personal representative can begin distributing the remaining assets according to the will or Florida law (if no will exists).

Before distributions, they may also need to get approval from the court or the beneficiaries.

Timeframe: Usually 1–3 months, depending on how quickly everything is cleared.

6. Closing the Estate (Months 9–12)

Finally, the personal representative prepares a Final Accounting, showing how every dollar was handled.

Once approved by the court, a Petition for Discharge is filed, and the estate is officially closed.

Timeframe: Typically 1–2 months.

Average Duration of Formal Administration in Florida Probate

While each case is unique, most Formal Administration probate cases in Florida take around 9 to 12 months from start to finish.

However, some cases can extend beyond a year if:

• Beneficiaries dispute the will,
  
  
• Assets are hard to locate,
  
  
• Real estate must be sold, or
  
  
• There are tax complications or lawsuits.
  
  

In contrast, a Summary Administration (for smaller estates) can take just 1–3 months.

Factors That Can Delay the Probate Timeline

Even a straightforward estate can face delays. Common reasons include:

• Missing paperwork: Incomplete or incorrect forms can slow court approvals.
  
  
• Family disputes: Conflicts among heirs can add months or even years.
  
  
• Out-of-state assets: Real estate or investments outside Florida require extra legal steps.
  
  
• Tax issues: Estates with large or complex tax obligations can take longer to finalize.
  
  

Hiring an experienced probate attorney can help minimize these delays by ensuring every requirement is met correctly and on time.

Why Work with a Florida Probate Attorney?

The probate process can be overwhelming, especially while dealing with the loss of a loved one. A skilled probate attorney can guide you through every step of Formal Administration in Florida, ensuring that:

• All court filings are done properly
  
  
• Deadlines are met
  
  
• Creditors and taxes are handled correctly
  
  
• Beneficiaries receive their inheritances without unnecessary delay
  
  

At Doane & Doane, our experienced probate attorneys have helped Florida families navigate probate efficiently for over 20 years. We understand both the emotional and legal sides of the process — and we’re here to make it easier for you.

Conclusion

Understanding the timeline for Formal Administration in Florida probate helps families prepare for what lies ahead. While the process typically takes 9 to 12 months, working with an experienced probate attorney can make a significant difference in keeping everything on track and minimizing stress.

Need help with a Florida probate case? Contact Doane & Doane today to speak with an experienced probate attorney.

FAQs About Formal Administration in Florida Probate