How Long Does Probate Take in Florida? Summary vs Formal Administration
- jvtaormina
- Jun 20
- 3 min read
If you’ve recently lost a loved one and are trying to settle their estate, you may be wondering: how long does probate take in Florida? The answer depends on several factors, including whether the estate qualifies for summary administration or requires the more involved formal administration process. As a trusted probate lawyer in Florida, Taormina Law is here to guide you through every step — and even offers flexible payment options to make the process easier.
Below, we break down the timeline, highlight key differences between summary and formal probate, and explain how documents like the Order Determining Homestead, wills, and waivers impact the process.
What Is Probate in Florida?
Probate is the legal process for administering the estate of a deceased person, paying off debts, and distributing assets to beneficiaries. In Florida, probate is generally required when the deceased owned assets in their name alone. The process ensures that rightful heirs receive what they are entitled to under the law or the will, if there is one.
Summary Administration vs. Formal Administration
Summary Administration
Summary administration is the faster, simpler form of probate. It is available when:
The value of the estate is $75,000 or less (not including exempt property), or
The decedent has been dead for more than two years.
How Long Does Summary Administration Take?
If there are no delays or disputes, summary administration in Florida typically takes 4 to 8 weeks from filing to completion. However, delays can occur if there are:
Title issues (especially with real property),
Disputes among heirs,
Missing waivers from beneficiaries,
Challenges to the will, or
Court backlog.
Formal Administration
Formal administration is required for larger or more complex estates, especially when:
The estate is over $75,000, or
The decedent passed away less than two years ago and summary is not available.
Formal administration involves appointing a personal representative (executor), who has authority to gather assets, pay debts, and distribute the estate.
How Long Does Formal Administration Take?
On average, formal probate takes 6 to 12 months in Florida. However, it can take longer if:
There are disputes over the will,
Creditors make claims against the estate,
Real estate must be sold, or
Necessary documents like waivers or the Order Determining Homestead are delayed.
What Is an Order Determining Homestead?
The Order Determining Homestead is a crucial document in Florida probate. This is the main document that puts the property into the heir(s) name(s). It legally establishes that the deceased’s primary residence is homestead property, which protects it from most creditors and facilitates a smoother transfer to heirs.
Without this order, title companies may not insure the property, and heirs may face issues selling or transferring the home. At Taormina Law, we ensure that this order is properly obtained and recorded — speeding up the process and avoiding legal complications down the road.
Common Probate Delays
Even straightforward cases can be delayed due to:
Missing or unsigned wills
Failing to gather required waivers from all beneficiaries
Title defects on real property
Unknown creditors or unpaid taxes (lawsuits can pop up out of nowhere)
Court scheduling delays
Having an experienced probate lawyer on your side, like those at Taormina Law, can help avoid or resolve these issues quickly.
Pay Legal Fees After the Property Sells – We Make It Easier
One of the biggest concerns people have when starting probate is: how am I going to afford a lawyer? At Taormina Law, we understand that many families can’t pay legal fees upfront while still grieving or sorting out finances. That’s why we offer the option to defer payment until the property sells.
This means:
No out-of-pocket costs to start your probate case
Our firm works quickly to get the property cleared for sale
You pay your legal fees from the closing proceeds after the property is sold
We believe in removing financial barriers so families can move forward with peace of mind.
Why Choose Taormina Law?
At Taormina Law, we bring experience, compassion, and efficiency to every probate case. Whether you need help with a simple summary administration or a complex formal administration, we handle everything — including:
Preparing and filing probate petitions
Obtaining the Order Determining Homestead
Collecting waivers from beneficiaries
Validating or challenging wills
Facilitating the sale of real estate
Deferring legal fees until closing, if needed
Our goal is to make the probate process as fast and stress-free as possible.
Contact a Florida Probate Lawyer Today
If you're facing probate after the death of a loved one, don't navigate it alone. Taormina Law is here to help you determine the right path — whether it's summary or formal administration — and move forward efficiently.
📞 Call today to schedule your free consultation and find out how we can help.
407-818-1659
🌐 Visit TaorminaLawPA.com for more information.
Comments