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Fla. Stat. § 733.702(1) · checked 2026-10-20
How long probate takes in Florida
The longest fixed wait in probate in Florida is usually the creditor claim period: 3 months from first publication of the notice to creditors under Fla. Stat. § 733.702(1), or 30 days after service on a creditor who must be served, whichever is later. An estate cannot be closed safely before that window shuts, and Fla. Stat. § 733.710(1) sets an outer limit of 24 months after death.
- 1Claim period 3 months
- 2Counted from Notice / letters
- 3Outer limit 24 months
- 4Statute Fla. Stat. § 733.702(1)
The statute
“3 months after the time of the first publication of the notice to creditors”
Source: Fla. Stat. § 733.702(1); outer limit: Fla. Stat. § 733.710(1). Last checked 2026-10-20.
The outer limit reads: “2 years after the death of a person”.
Worked example: a death on January 15, 2026
| Checkpoint | Date |
|---|---|
| Date of death | January 15, 2026 |
| Trigger: first publication of the notice to creditors | March 1, 2026 |
| Creditor claim period ends (3 months, Fla. Stat. § 733.702(1)) | June 1, 2026 |
| Outer limit for claims (Fla. Stat. § 733.710(1)) | January 15, 2028 |
Florida starts the clock at first publication of the notice to creditors, so the end date moves with the court. The example assumes that event comes 45 days after the death (March 1, 2026); a later filing pushes June 1, 2026 back day for day.
34 jurisdictions on this site give creditors longer and 5 give them less; the median is 122 days.
Steps that add time
- Getting appointed. Nothing runs until first publication of the notice to creditors; the time between the death and the petition is outside the statutory period.
- Notice. Published notice and notice mailed to known creditors start or shorten the claim period; a creditor who should have been mailed notice may get extra time — here, or 30 days after service on a creditor who must be served, whichever is later.
- Real estate. Selling or transferring a house adds deeds, appraisals and sometimes a court order to the timeline.
- Accounting and closing. The final account, receipts from heirs and any tax filings come after the claim period ends.
Opening the estate costs money too: see probate court fees in Florida (Fla. Stat. § 28.2401(1)).
Nearby South Atlantic timelines
Delaware: 8 months from death; District of Columbia: 6 months; Georgia: 3 months; Maryland: 6 months from death; North Carolina: 3 months; South Carolina: 8 months; West Virginia: 60 days.
Related: Florida small estate limit · creditor claim periods compared · executor timeline.
General information from the statute as written on 2026-10-20; not legal advice. Dates are worked examples of the statutory periods, not deadlines for any real estate. The Florida probate court and its clerk can confirm how the periods run in a given case.