Florida Probate Process: Deadlines, Notices and Selling an Inherited Home

Last updated November 14, 2026. Citations come from the Florida statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.

Florida creditors must file claims by the later of 3 months after first publication of the notice to creditors or 30 days after service of that notice, and a 2-year bar cuts off most claims against the estate. This guide lists the deadlines we confirmed in Chapters 733 and 735.

Deadlines and notices

• Creditors must file claims on or before the later of 3 months after first publication of the notice to creditors or, for creditors required to be served, 30 days after service; claims not timely filed are barred even if no objection is filed, unless the court extends time for fraud, estoppel or insufficient notice. (Fla. Stat. Sec. 733.702(1), (3))
• Two years after death, the estate, the personal representative and beneficiaries are not liable for any claim or cause of action against the decedent, with limited exceptions for timely filed claims and recorded liens. (Fla. Stat. Sec. 733.710)
• The personal representative must promptly serve the notice of administration on the surviving spouse, beneficiaries, and certain trustees and persons who may claim exempt property. (Fla. Stat. Sec. 733.212(1))
• Objections to the validity of the will, venue or jurisdiction must be filed within 3 months after service of the notice of administration, extendable only for estoppel from a misstatement by the personal representative; in all events no later than the earlier of final discharge or 1 year after service. (Fla. Stat. Sec. 733.212(2)(c), (3))
• A petition for determination of exempt property is due by the later of 4 months after service of the notice of administration or 40 days after termination of a will contest or related proceeding. (Fla. Stat. Sec. 733.212(2)(d))
• An election to take the elective share must be filed by the earlier of 6 months after service of the notice of administration on the surviving spouse or 2 years after death, unless extended under s. 732.2135(2). (Fla. Stat. Sec. 733.212(2)(e))

Small estates

• Summary administration may be used where the estate does not exceed $150,000 (less exempt property) or the decedent has been dead more than 2 years. (Fla. Stat. Sec. 735.201(2))

What we could not confirm

• Personal representative qualification, bond, and fee rules (Sec. 733.617 etc.) not opened.
• Time for a personal representative to sell real property and whether court approval is needed not confirmed.
• The 10-day deadline to deposit a will with the clerk (Sec. 732.901) appeared in a search snippet but the full section was not opened.

How to sell a house in Florida when this applies to you

1. Find out what the title company needs. For an inherited or transferred house, that usually means the recorded document that shows who owns it today.
2. Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
3. Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
4. If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Florida.

Florida Probate Process FAQ

How long do creditors have in Florida probate?

The later of 3 months after first publication of the notice to creditors or the date stated for creditors served with the notice (Sec. 733.702).

When can a will be challenged?

Objections to the will, venue or jurisdiction must be filed within 3 months after service of the notice of administration, with extensions in limited cases.

Is there a shortcut for small estates?

Summary administration may apply, up to the statutory limit or when the decedent has been dead more than 2 years.

Can I sell my Florida house as-is?

Yes. A cash buyer purchases as-is, and the title company pays any mortgage and unpaid property tax from the proceeds at closing.

Sources

• Fla. Stat. Sec. 735.201
• Fla. Stat. Sec. 733.710(1), (3)
• Fla. Stat. Sec. 733.702(1), (3)
• Fla. Stat. Sec. 733.212(1)

This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Florida Florida attorney or tax professional.