How Long Do You Have to File a Probate Case in Florida?
- jvtaormina
- Sep 12
- 4 min read
When a loved one passes away, their assets often cannot be transferred until the estate goes through probate. One of the most common questions families ask is: “How long do I have to file a probate case in Florida?”
The answer depends on the type of probate, the estate’s debts, and how long it has been since the person’s passing. While Florida law doesn’t require you to open probate immediately, waiting too long can create serious complications.
In this article, we’ll explain the deadlines, rules, and risks, and how an experienced Orlando probate attorney can help you navigate the process.
What Is Probate in Florida?
Probate is the court-supervised process of:
Transferreing property to the heir(s) name(s)
Authenticating a will, if one exists
Identifying and gathering the deceased person’s assets
Paying creditors and final expenses
Distributing the remaining assets to heirs or beneficiaries
In Florida, probate cases are handled by the circuit court in the county where the deceased person lived. For example, if your loved one lived in Orange County, the case would be filed with the Orange County Probate Court in Orlando.
Is There a Deadline to File Probate in Florida?
Unlike some legal matters, there is no immediate deadline after death to open probate. However, Florida law sets certain timeframes that affect how probate must be handled.
The Two-Year Rule
Under Florida Statutes § 733.710, creditor claims are barred if they are not filed within two years of the person’s death. This means:
After two years, creditors can no longer pursue the estate for unpaid debts.
If you wait more than two years to file, you may still be able to probate the estate, but only under summary administration, which is a simplified process.
Creditor Period After Filing
When probate is opened, the court requires the personal representative to publish a Notice to Creditors. Creditors then have 90 days to file claims. This waiting period often delays when heirs can receive their inheritance.
Why It’s Best Not to Delay Filing Probate
Even though you may not face an immediate deadline, delaying probate in Florida can cause several problems:
Property Cannot Be Sold or Transferred
Without probate, real estate stays in the deceased person’s name, making it impossible to sell or refinance.
Bills and Taxes Go Unpaid
Mortgages, property taxes, and utility bills may continue to accumulate while the estate sits in limbo.
Risk of Disputes
Waiting can increase the likelihood of family conflicts or disputes over property.
Loss of Simplified Procedures
If you wait too long, you may lose the option for summary administration, which is often faster and less expensive than formal probate.
Types of Probate in Florida and Their Timelines
Florida offers different types of probate depending on the size and circumstances of the estate.
1. Disposition Without Administration
Used for very small estates where the deceased owned little to no assets beyond exempt personal property or funeral expenses.
Can be filed immediately, but applies to very limited cases.
2. Summary Administration
Available if the estate is worth less than $75,000 (excluding exempt property) or if the person has been deceased for more than two years.
Can often be completed within a few months.
3. Formal Administration
Required for larger estates or those with significant assets and debts.
Can take anywhere from 6 months to over a year, depending on complexity.
An Orlando probate lawyer can help you determine which type of probate applies and the best timing for filing.
Common Questions About Probate Deadlines in Florida
How soon should probate be filed after death?
This should be evaluated on a case-by-case basis. It might depend on the type of assets and type of debts. (some assets are exempt from paying creditors)
What happens if I don’t file probate for years?
If more than two years pass, you may still be able to open probate, but only through summary administration. You also risk complications with real estate and unclaimed property.
Does a will expire in Florida?
No, a will does not expire. However, it must be filed with the court within 10 days of the person’s death. Failing to do so can cause delays or disputes.
Can heirs sell property without probate?
No. If real estate is in the deceased person’s name, the title cannot legally transfer until probate is completed.
Do I need a probate attorney to file?
In most cases, yes. Florida law generally requires estates to be represented by an attorney, except for very small cases handled without administration.
Why Work With an Orlando Probate Attorney
The probate process involves strict rules, deadlines, and procedures. Having a knowledgeable Orlando probate attorney ensures that:
All filings are submitted correctly and on time
Creditor claims are properly managed and challenged if necessary
Property transfers, including real estate in Orlando, are handled without title issues
You avoid costly mistakes as a personal representative
Attorney Joe Taormina at Taormina Law, P.A. regularly represents families in Orlando and throughout Florida, helping them navigate probate with clarity and confidence.
Conclusion: Don’t Wait Too Long to File Probate in Florida
While Florida does not require you to file probate immediately, waiting too long can create unnecessary complications. Generally, it’s best to start the process within a few months of death to protect assets, pay creditors, and move the estate forward.
If you’re unsure about your deadlines or next steps, the safest choice is to consult an experienced attorney.
📞 If you need help with probate in Orlando or anywhere in Florida, contact Attorney Joe Taormina today at TaorminaLawPA.com. We’ll review your situation and guide you through every step of the process.
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