Dealing with the loss of a loved one is emotionally challenging. In the midst of grief, family members often find themselves facing legal and financial responsibilities, one of the most important being probate. If you’re wondering how long after a person’s death you have to file probate in Florida, you’re not alone.
At Verras Law, P.A., we help families in Palm Harbor, Tampa, and St. Petersburg navigate the probate process with clarity and compassion. In this blog, we’ll explain Florida’s probate timelines, what happens if you wait too long, and how a probate attorney can help streamline the process.
What Is Probate?
Probate is the legal process by which a deceased person’s estate is administered and distributed to their heirs or beneficiaries. It involves validating the will (if there is one), appointing a personal representative (also known as an executor), identifying and gathering assets, paying debts and taxes, and distributing the remaining assets according to the will or Florida’s intestate laws.
There are different types of probate in Florida, including:
- Formal Administration (the most common process for larger estates)
- Summary Administration (an expedited option for smaller estates)
- Disposition Without Administration (for very small, simple cases)
Florida’s Probate Filing Deadline
Under Florida law, the personal representative or interested party is generally expected to file for probate within 10 days of learning about the decedent’s death. This does not mean that probate must be completed within 10 days—but rather that a petition should be filed promptly with the circuit court in the county where the decedent resided.
However, in practice, the probate process often begins weeks or even months after death, due to funeral arrangements, gathering documents, and family logistics. While the 10-day rule exists, Florida courts typically allow some flexibility, especially if there’s no immediate dispute or pressing issue. Still, delaying too long can lead to complications.
What Happens If You Wait Too Long?
Waiting to file probate can result in a number of legal and financial challenges:
- Deterioration or loss of estate assets (such as property falling into disrepair or investments being mismanaged)
- Unpaid debts and bills that may accrue penalties or interest
- Family disputes over inheritance or who should serve as personal representative
- Difficulty locating heirs or beneficiaries
- Expired claims deadlines, which could bar creditors or prevent rightful heirs from receiving their inheritance
In some cases, assets may even escheat to the state of Florida if no heirs come forward and probate is never filed.
How Long Does Probate Take in Florida?
The length of probate varies depending on the complexity of the estate, whether a valid will exists, and whether disputes arise among beneficiaries or creditors. On average:
- Formal Administration: six to 12 months (or longer if there are complications)
- Summary Administration: one to three months
- Disposition Without Administration: Often just a few weeks
Starting the probate process early helps ensure a smoother administration and reduces the risk of asset loss, conflict, or costly litigation.
Who Can File Probate in Florida?
In Florida, probate is typically filed by:
- The person named as a personal representative in the will
- A close relative or heir if no will exists
- An attorney acting on behalf of the estate or an interested party
The petitioner must file a Petition for Administration in the circuit court of the county where the decedent lived at the time of death. For example, if the deceased resided in Palm Harbor, the filing would be made in the Pinellas County Circuit Court.
Is Probate Always Required?
Not all assets go through probate. Assets that are jointly owned with rights of survivorship, held in a living trust, or designated with payable-on-death (POD) or transfer-on-death (TOD) beneficiaries generally bypass probate.
However, if the decedent owned assets solely in their name—especially real estate, vehicles, or bank accounts—probate will likely be necessary to transfer ownership legally.
How a Probate Attorney Can Help
The probate process can be time-consuming and confusing, especially during a difficult time. A probate attorney ensures:
- Timely filing and court compliance
- Accurate valuation and management of estate assets
- Resolution of creditor claims
- Dispute mitigation among heirs
- Faster, more efficient settlement
At Verras Law, P.A., we offer compassionate, experienced probate guidance to families in Palm Harbor, Tampa, and St. Petersburg. Whether you need help filing a petition or managing a complex estate, we are here to support you every step of the way.
Don’t Delay—Start the Probate Process Today
If you’ve recently lost a loved one and are unsure what to do next, don’t wait until problems arise. Contact Verras Law, P.A. today to schedule a consultation and learn how we can help you meet Florida’s probate deadlines and protect your family’s future.