Florida Probate Timeline: How Long Does an Executor Have to Settle an Estate?

The death of a loved one is always a difficult and disorienting time. Beyond the emotional toll, there are also practical questions that demand answers: “When will the estate be settled?” or “How long does it take for beneficiaries to receive their inheritance?”  In Florida, the person charged with handling these issues is usually the personal representative (often called an executor). Florida law imposes duties on the personal representative to administer the estate efficiently while protecting creditors and heirs. Understanding how these rules work and why the process takes time can help families set realistic expectations and avoid unnecessary disputes.

The Personal Representative’s Role

The personal representative is a fiduciary appointed by the probate court to collect the decedent’s assets, pay legitimate debts and taxes, and distribute what remains to the beneficiaries. Unlike trustees—who oversee trusts that often avoid probate—the personal representative operates under court supervision and strict statutory timelines. They must balance two competing duties: moving promptly to settle the estate and prudently safeguarding assets until all liabilities are addressed. Florida law recognizes that every estate is different; there is no one‑size‑fits‑all deadline, but there are important milestones along the way.

Starting Probate: Florida’s 10‑Day Rule

Probate begins by filing a petition with the appropriate Florida court. If the decedent left a will, the custodian of the will (the entity with possession of the document) must file it within 10 days of receiving notice of death. This “10‑day rule” ensures that the court and interested parties can confirm the validity of the will and that someone is legally authorized to act on behalf of the estate. Failing to file the will promptly can lead to delays and even legal claims from beneficiaries. Once the court appoints a personal representative and issues Letters of Administration, the representative gains authority to marshal assets, open an estate bank account and begin the administrative process.

Notifying Creditors and Waiting for Claims

After appointment, the personal representative must notify potential creditors. Florida law gives the representative about one month to publish a Notice to Creditors in a newspaper. Publishing notice triggers a three‑month claim period during which creditors may file claims against the estate. This waiting period exists to protect legitimate creditors and to prevent the personal representative from distributing assets prematurely. During this time, the representative can continue collecting and valuing assets, but they should not pay beneficiaries until they know whether claims will exceed available funds. Even simple estates must observe the three‑month creditor window.

Settling Debts, Taxes and Distributing Assets

Once the creditor period closes, the personal representative evaluates claims and either pays or contests them. They must also file the decedent’s final income tax returns and, if required, a federal estate tax return. Estates not subject to the federal estate tax typically must file their final accountings within 12 months of receiving Letters of Administration. When a federal estate tax return is required, the representative has nine months after death to file the return and may request a six‑month extension. These tax obligations can extend the administration because assets may need to be valued and sold to generate liquidity for tax payments.

There is no statutory deadline for finishing probate, but Florida courts expect personal representatives to act within a reasonable time. For simple estates—for example, when the decedent owned a home and a few bank accounts—probate can often be completed in six months to a year. Complex estates with businesses, multiple properties, contested wills or significant debts frequently take a year or more. Delays may occur if the will is challenged, if property must be appraised and sold, or if the estate is waiting for tax clearance. Throughout this process, the personal representative is accountable to the court and must provide inventories, accountings and receipts to show that every dollar is properly handled.

When Do Beneficiaries Get Paid?

Beneficiaries naturally want to know when they will receive their inheritance. In Florida there is no explicit deadline by which the personal representative must pay beneficiaries. However, the law does impose practical boundaries. The representative cannot distribute assets until the three‑month creditor claim period has passed. After that window, Florida courts expect the representative to act promptly. As a rule of thumb, personal representatives should pay beneficiaries within one year of publishing notice to creditors to avoid potential liability for interest or claims of unreasonable delay. When an estate requires a federal estate tax return, distributions may be postponed until the return is filed and tax liabilities are satisfied.

Selling Property and Other Fiduciary Powers

During administration the personal representative often must sell real estate or other assets to pay debts or to divide property among beneficiaries. Florida law allows an executor to sell estate property without the consent of every beneficiary if the sale is in the best interest of the estate and complies with the will. The representative must give notice to beneficiaries about the sale and allow time for objections. Homestead property is a notable exception: because Florida’s constitution affords special protections to a decedent’s primary residence, all beneficiaries must generally sign off on any sale of the homestead. These rules ensure that the representative can manage the estate efficiently while preserving beneficiaries’ rights.

Closing the Estate

After debts and taxes are paid and assets are distributed, the personal representative prepares a final accounting and asks the court to discharge them. Florida does not impose a hard deadline for closing, but waiting too long can invite court scrutiny. A petition to close the estate should usually be filed within a couple of years of death to avoid issues. The court will review the accounting, verify that all claims have been addressed, and enter an order discharging the personal representative. Once discharged, the representative’s duties end, and the estate is officially closed.

Practical Guidance for Personal Representatives

Administering an estate in Florida is a significant responsibility. Here are some practical tips:

• Act promptly. File the will within 10 days, open probate without delay and publish notice to creditors as soon as possible. Procrastination lengthens the creditor period and delays distributions.

• Communicate clearly. Beneficiaries are more patient when they understand what is happening. Provide regular updates about creditor periods, tax filings and anticipated distribution dates.

• Maintain meticulous records. Keep copies of account statements, receipts, tax returns and correspondence. If the court or a beneficiary questions a transaction, clear documentation will protect you.

• Seek professional help. Probate attorneys, accountants and realtors can help with complex tasks such as tax returns, asset valuation and property sales. Their guidance reduces mistakes and can speed up administration.

For beneficiaries, patience and vigilance are equally important. Understand that the personal representative is legally obligated to protect the estate from creditors and taxes before distributing assets. Ask for updates and accountings, but recognize that delays often stem from statutory requirements rather than indifference.

Final Thoughts

Florida’s probate timeline is a blend of statutory deadlines and practical realities. The personal representative must file the will quickly, publish notice to creditors, wait three months for claims, pay legitimate debts and taxes, and then distribute assets. Most estates are settled within six months to a year, though more complex cases can take longer. Beneficiaries can help ensure a smooth process by staying informed and cooperating with the personal representative. Executors, in turn, can honor their fiduciary duty by being transparent, organized and attentive to the timeline. By understanding the rules and managing expectations, families can navigate Florida probate with less stress and greater confidence.