How Long Does an Executor Have to Settle an Estate in Florida?
- jvtaormina
- Sep 12
- 4 min read
When a loved one passes away, their estate often goes through the Florida probate process. One of the first questions families ask is: How long does an executor (known in Florida as a “personal representative”) have to settle the estate?
The answer depends on several factors, including the size of the estate, whether there are disputes, and the type of probate proceeding. While Florida law sets some guidelines, the actual timeline can vary widely. Below, we break down what families in Orlando and across Florida need to know.
What Is an Executor (Personal Representative) in Florida Probate?
In Florida, the person responsible for managing a deceased person’s estate is called the personal representative (often referred to as the executor in other states). This individual is appointed by the probate court to:
Gather and safeguard estate assets
Notify and pay creditors
Handle taxes and expenses
Distribute remaining assets to beneficiaries
Because this role carries serious legal obligations, Florida probate courts expect personal representatives to follow strict timelines.
How Long Does the Probate Process Take in Florida?
While every estate is unique, here are some general timeframes:
Summary Administration (Simplified Probate): 1–4 months.
Available for estates worth less than $75,000 (excluding exempt property) or when the decedent has been deceased for over two years.
Formal Administration (Standard Probate): 6–12 months, but sometimes longer.
This is the most common probate process in Florida and is required for larger or more complex estates.
Complicated or Contested Estates: 1–2 years or more.
If beneficiaries disagree, creditors challenge claims, or litigation is required, probate can be significantly delayed.
Florida Law on Probate Deadlines
Several Florida statutes set deadlines that help determine how long an executor has to settle an estate:
Notice to Creditors: Within 30 days of being appointed, the personal representative must publish a notice to creditors (Florida Statutes § 733.2121).
Creditor Claim Period: Creditors generally have 3 months from the first publication of notice to file claims.
Final Accounting and Distribution: The estate cannot be closed until after the creditor period has expired, all debts are settled, and a final accounting is approved by the court.
Because of these statutory waiting periods, most estates cannot be completed in less than six months.
What Can Delay the Probate Process in Florida?
Even when deadlines are followed, several common issues can slow down probate:
Will Contests: If beneficiaries dispute the validity of the will, the case may require additional hearings or even a trial.
Creditor Claims: Unexpected or disputed creditor claims can add months of litigation.
Complex Assets: Estates with businesses, multiple properties, or out-of-state assets take longer to settle.
Tax Issues: If federal estate taxes are owed, resolution may extend the probate timeline.
Personal Representative Challenges: If the executor is inexperienced or fails to meet obligations, the court may need to step in.
Frequently Asked Questions About Florida Probate Timelines
Can an Executor Take Too Long to Settle an Estate?
Yes. While Florida does not set a strict maximum time, personal representatives are expected to act diligently. If delays harm beneficiaries, the court can remove and replace the executor.
Do Beneficiaries Have to Wait Until Probate Is Complete to Receive Anything?
Not always. In some cases, partial distributions may be allowed before the estate is fully closed, but only with court approval and after creditors are addressed.
What Happens if the Executor Misses a Deadline?
Failure to meet Florida’s probate deadlines can result in court sanctions, removal of the personal representative, or even personal liability.
Can Probate Be Avoided Altogether?
Yes. Tools such as living trusts, lady bird deeds, and joint ownership can transfer property outside of probate. However, once probate has started, the timelines must be followed.
Why Work With an Orlando Probate Attorney?
Handling probate in Florida is not just about meeting deadlines—it’s about protecting the estate and the family’s interests. An experienced Orlando probate attorney can:
Ensure all legal requirements are met on time
Defend against creditor claims and disputes
Guide personal representatives through complex filings
Speed up the process where possible
Provide peace of mind to grieving families
Florida Probate: Local Context in Orlando
In Orange County and the greater Orlando area, probate cases are handled in the Ninth Judicial Circuit Court. Each county has its own procedures, so having a local probate attorney familiar with the Orlando court system can help avoid unnecessary delays.
For example:
Some filings must be completed electronically through the Florida Courts e-Filing Portal.
Local judges may require additional hearings in contested cases.
Orlando probate attorneys often coordinate with out-of-state beneficiaries, especially since Florida is home to many retirees.
Key Takeaways: How Long Does an Executor Have to Settle an Estate in Florida?
Simple probate can take just a few months, but most estates in Florida take 6–12 months.
Statutory deadlines—such as the creditor claim period—mean probate cannot be completed instantly.
Contested or complex estates may take years.
Executors who delay without justification may be removed by the court.
Working with an experienced Orlando probate attorney helps avoid mistakes and move the process forward efficiently.
Conclusion: Get Help From an Orlando Probate Attorney Today
If you are serving as an executor or beneficiary of an estate in Florida, understanding probate timelines is essential. While the process may seem overwhelming, you don’t have to handle it alone. You also do not have to search: Probate Attorney Near Me; we work statewide.
Attorney Joe Taormina of Taormina Law, P.A. helps families in Orlando and throughout Florida navigate probate with clarity and confidence. Whether your case is simple or complex, he can guide you through each step and work to resolve matters as efficiently as possible.
📞 Contact Taormina Law, P.A. today to schedule a consultation: TaorminaLawPA.com
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