Answers to Florida Probate Administration Timeline and Cost Questions

The estate attorneys at Statewide Probate are frequently asked about how long Florida probate administration takes and what it typically costs.

Below are answers to some of the most common questions our probate administration clients bring to our team.

What Happens If There Are Not Enough Assets to Pay All of the Decedent’s Debts?

In these situations, there will be no inheritance for heirs or beneficiaries, since distributions are only made after all valid debts are satisfied. Florida law establishes a priority system for claims, meaning certain expenses—such as funeral costs and final medical bills—are paid before others.

Importantly, even with the rise of “living trusts,” Florida law still allows creditors to pursue certain assets that were transferred into specific types of trusts. In some cases, trustees may be required to use trust assets to cover estate expenses and outstanding claims.

Serving as a personal representative does not make you personally responsible for the decedent’s debts. Those obligations belong to the estate and are only paid to the extent estate assets are available.

How Long Does Probate Typically Take in Florida?

When there are no disputes or complications, most non-taxable estates go through formal administration in approximately six to ten months. A summary administration, which is a simplified process, is often completed in about four to five weeks.

What Do Florida Probate Attorneys Charge?

Florida law allows probate attorneys to charge fees based on a percentage of the estate. However, in many cases, this can result in higher-than-necessary fees. For that reason, many attorneys instead offer flat fees or bill hourly.

The cost of probate depends largely on the complexity of the estate—not just its value. Factors such as the types of assets involved, the number of beneficiaries, and any special provisions in the will all play a role.

For example, if the decedent owned real estate in multiple states, probate will likely be more expensive than an estate consisting solely of liquid financial accounts. Ultimately, it is the structure and complexity of the estate—not simply its size—that determines probate legal fees.

Schedule a Free Probate Administration Consultation

After reviewing these answers and our other frequently asked probate administration questions, you may still have questions about your specific situation.

To help you understand your options, the Florida Probate Attorneys at Statewide Probate offer a free 20-minute consultation. To get started, contact Statewide Probate today.

We assist clients with probate administration in Pensacola, Miami, West Palm Beach, Tallahassee, Jacksonville, St. Petersburg, Orlando, and throughout Florida.