How Long Does Probate Take in Florida? Tampa Bay Timeline Guide (2026)

When a loved one passes away and leaves property behind, one of the first questions families ask is: how long will probate take? In Florida, the answer depends on the type of probate, the complexity of the estate, and whether anyone contests the process.

This guide breaks down realistic probate timelines for Tampa Bay families, with specific detail about Hillsborough County procedures and how selling property fits into the process.

What Are the Two Types of Probate in Florida?

Florida law provides two primary probate paths, each with a very different timeline:

Summary administration (Florida Statute 735.201) is the faster option. It is available when the estate's non-exempt assets are valued under $75,000 or the decedent died more than 2 years ago. Summary administration skips the appointment of a personal representative and moves directly to distributing assets. Most summary cases in Hillsborough County resolve in 1 to 3 months.

Formal administration (Florida Statute 733.103) is required for larger estates. It involves appointing a personal representative, publishing a notice to creditors, filing an inventory, and distributing assets under court supervision. Formal administration in Hillsborough County typically takes 6 to 12 months — though contested cases can stretch to 18 months or beyond.

What Does the Probate Timeline Look Like Step by Step?

For formal administration in Tampa and Hillsborough County, here is a realistic timeline:

1. File the petition (Week 1-2): The attorney files the petition for administration with the 13th Judicial Circuit Probate Division, along with the original will and a death certificate.
2. Appoint personal representative (Week 2-4): The court issues Letters of Administration, giving the personal representative legal authority over the estate.
3. Publish notice to creditors (Week 4): Florida Statute 733.2121 requires a notice in a local newspaper. Creditors then have 3 months to file claims — this is usually the biggest fixed delay in the timeline.
4. Inventory and appraise assets (Month 2-3): The personal representative files an inventory of all estate assets, including real property, within 60 days of appointment.
5. Resolve creditor claims (Month 4-7): Legitimate debts are paid from estate assets. Disputed claims may require additional court hearings.
6. Petition to sell real property (Month 3-6): If the estate includes a home, the personal representative can petition to sell it during this period — not just at the end.
7. Final accounting and distribution (Month 8-12): The personal representative files a final accounting and petitions for discharge, distributing remaining assets to beneficiaries.

What Factors Delay Probate in Florida?

Several factors can push a probate case well beyond the typical 6- to 12-month window:

• Will contests: A beneficiary challenging the validity of the will can add 6 to 12 months of litigation.
• Heir disputes: Disagreements among heirs about property distribution, sale price, or who should serve as personal representative create costly delays.
• Missing heirs: If a beneficiary cannot be located, the court requires additional steps — including publication and sometimes appointment of a guardian ad litem.
• Creditor disputes: Complex or contested creditor claims require evidentiary hearings.
• Real property complications: Title issues, liens, code violations, or properties needing significant repair can complicate the sale process.
• Tax issues: Estates requiring federal estate tax returns (Form 706) or with complicated income tax situations face additional delays.

How Does Selling Property Fit Into the Probate Timeline?

You do not have to wait until probate is fully complete to sell real property. Under Florida Statute 733.613, the personal representative can petition the court for authority to sell estate real property at any point during formal administration. In practice, most Hillsborough County judges grant this authority readily — especially when the sale proceeds are needed to pay estate debts or when all beneficiaries consent.

Once the court authorizes the sale, a cash buyer can close in 7 to 14 days. This is significantly faster than listing the property on the MLS, where the average Tampa home takes 35 to 55 days to sell — plus another 30 to 45 days to close with a mortgage buyer.

Cash sales are particularly well suited for probate properties because:

• Probate homes are often vacant and may need repairs — cash buyers purchase as-is
• Heirs want to divide proceeds quickly rather than wait months for a traditional sale
• Cash eliminates the risk of buyer financing falling through
• There are no appraisal contingencies that could delay court-approved sales

What Are Alternatives to Probate in Florida?

Not every estate requires probate. Several estate planning tools bypass the process entirely:

• Revocable living trust: Property held in trust passes directly to beneficiaries — no court involvement needed.
• Lady bird deed (enhanced life estate deed): The property automatically transfers to the named remainderman at death while preserving the owner's homestead exemption during life. Learn more in our guide on probate vs. inherited property.
• Joint tenancy with right of survivorship: Title passes automatically to the surviving owner.
• Transfer-on-death deed: Florida Statute 732.4015 allows a recorded beneficiary deed to transfer property at death without probate.

If you are settling an estate or considering your own estate plan, understanding these alternatives can save your family months of court proceedings and thousands in legal fees.

How Can You Speed Up the Probate Process?

While you cannot eliminate the 3-month creditor notice period required by law, you can minimize other delays:

• Hire a probate attorney experienced in Hillsborough County — local knowledge of the 13th Judicial Circuit matters
• File the petition promptly after death — every week of delay adds a week to the total timeline
• Communicate proactively with all beneficiaries to prevent disputes
• Secure the property immediately to avoid carrying costs from adding up
• Get a cash offer early so you can close as soon as court authorization is granted

Barrett Henry, REALTOR® & Broker Associate at REMAX Collective, has 23+ years of real estate experience helping families navigate probate property sales across Tampa, St. Petersburg, Clearwater, and Lakeland. He works alongside your probate attorney to ensure the property sale fits smoothly into the court timeline.

Get your free cash offer on a probate property today.