What is the Timeline for Formal Administration in Florida Probate?

When someone passes away in Florida, their property, money, and belongings must be passed on to the right people. This legal process is known as probate. One of the most common types of probate in Florida is called  Formal Administration. Many families want to know how long this process takes because they need access to funds, want to close the estate, or simply want peace of mind.

In this article, we break down the timeline for Formal Administration in Florida, what each step involves, and what you can expect along the way. 

Our goal is to explain the process in a simple way, while still giving you insights based on real-world experience from trusted estate planning and probate attorney professionals.

What Is Formal Administration in Florida?

Formal Administration is the standard probate process in Florida. It is required when:

• The estate is worth more than $75,000, or
  
  
• The person passed away within the last two years.
  
  

This type of probate is more detailed and takes longer than Summary Administration. However, it also gives the court more oversight and protects everyone involved.

Because of its complexity, Florida law requires the legal representative to work with a skilled probate attorney to make sure everything is done correctly

Timeline for Formal Administration in Florida

While every case is unique, most Formal Administration cases in Florida take 6 to 12 months from start to finish. Some cases may take longer if there are disputes, unusual assets, or missing documents.

Below is a step-by-step breakdown of the typical timeline.

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

The first step is filing a petition with the probate court. This is usually done by the person named as the Personal Representative (also known as the executor).

A probate attorney helps prepare important documents, including:

• A request to open Formal Administration containing a list of known heirs; and
  
  
• An oath of Personal Representative.

The following documents must also be filed with the Court at this time:

• The death certificate and
  
  
• The will (if one exists)
  
  

Once the petition is filed, the court reviews the documents.

Time estimate: 1 to 4 weeks, depending on the court backlog.

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

After the judge reviews the filing, the court will officially appoint the Personal Representative. This person is responsible for managing the entire estate.

The Personal Representative receives “Letters of Administration.” These letters give them authority to:

• Access bank accounts
  
  
• Gather property
  
  
• Pay bills
  
  
• Communicate with financial institutions
  
  

Time estimate: 2 to 6 weeks.

3. Notice to Creditors (3 Months)

This step is one of the largest parts of the probate timeline.

Once the Personal Representative is appointed, they must publish a Notice to Creditors in a local newspaper. Creditors then have up to 90 days to file claims against the estate.

During these 90 days, the Personal Representative and the probate lawyer:

• Review each claim
  
  
• Accept or deny claims
  
  
• Pay valid debts
  
  
• Handle disputes
  
  

Time estimate: 3 months (mandatory by Florida law).

4. Inventory and Valuation of Assets (1–3 Months)

The Personal Representative must create a complete list of all assets. This may include:

• Bank accounts
  
  
• Real estate
  
  
• Vehicles
  
  
• Personal belongings
  
  
• Investments
  
  
• Business interests
  
  

Some items need professional appraisals, which can add time. A probate attorney helps make sure the inventory is accurate and filed on time with the court.

Time estimate: 1 to 3 months, sometimes longer for complex estates.

5. Paying Debts and Expenses (1–4 Months)

During this phase, the estate pays:

• Taxes
  
  
• Final bills
  
  
• Funeral costs
  
  
• Valid creditor claims
  
  
• Court fees
  
  
• Attorney fees
  
  

If the estate does not have enough liquid cash, the Personal Representative may need to sell property. This can add extra time, especially with real estate.

Time estimate: 1 to 4 months.

6. Distributing Assets to Beneficiaries (2–8 Weeks)

Once debts are paid and the court approves the estate’s status, the Personal Representative can distribute assets to the heirs or beneficiaries.

Distribution must follow:

• The will, or
  
  
• Florida intestate laws (if there is no will)
  
  

A probate lawyer ensures that the distribution is done correctly and legally.

Time estimate: 2 to 8 weeks.

7. Closing the Estate (2–6 Weeks)

The last step is filing a Petition for Discharge, which asks the court to close the estate. The Personal Representative must also submit final receipts showing that beneficiaries received what they were entitled to.

Once approved, the court officially closes the probate case.

Time estimate: 2 to 6 weeks.

What Could Make Probates Take Longer?

Not all estates move smoothly. Several factors can extend the timeline for Formal Administration in Florida, such as:

1. Will Contests

If family members disagree about the will, the case can take many extra months or even years.

2. Missing or Hard-to-Find Assets

If financial records are incomplete, it may take longer to locate accounts or property.

3. Real Estate Issues

Property that needs repairs, mortgage payoff, or market time can slow things down.

4. Large or Complicated Estates

Estates with businesses, trusts, tax problems, or many beneficiaries often take longer.

5. Out-of-State Beneficiaries

More communication and more paperwork may be required.

6. Court Backlogs

Some counties process cases faster than others.

How a Probate Attorney Helps Speed Up the Process

Working with a trusted probate attorney makes a big difference. An experienced lawyer knows how to:

• File paperwork correctly
  
  
• If possible, prevent delays
  
  
• Communicate with creditors
  
  
• Handle disputes
  
  
• Make the process easier for families
  
  

The Law Office of Mary King P.L. has extensive experience with Formal Administration in Florida and understands how to guide families through the probate system with care and accuracy.

Estimated Total Timeline: 6 to 12 Months

Here is a quick recap: