Florida Probate Deadlines: What to File and When

The clock starts before probate even opens in Florida — a will has to reach the courthouse within 10 days of anyone learning of the death.

Florida Statutes Ch. 732, 733

Quick answer: the deadline that anchors most of the schedule is the 3-month creditor claim window, running from first publication of notice. See the full Florida probate timeline calculator for your specific estimate.

The core deadlines, in order

DeadlineFlorida ruleStatute
Deposit original will with clerkWithin 10 days of learning of deathFla. Stat. § 732.901
Notice to creditors publishedOnce/week for 2 consecutive weeksFla. Stat. § 733.2121
AHCA notice (if decedent 55+)Within 3 months of first publicationFla. Stat. § 733.2121(3)(d)
Inventory served on interested personsWithin 60 days of LettersFla. Stat. § 733.604
Creditor claim deadlineLater of 3 months from publication, or 30 days from direct serviceFla. Stat. § 733.702
Absolute claim bar2 years from date of death, no exceptionsFla. Stat. § 733.710
Claims paidWithin 1 year of first publication (extendable)Fla. Stat. § 733.707
Formal administration target close12 months (if no federal estate tax owed)Fla. Stat. § 733.901

A creditor deadline with an unusual outer bound

Fla. Stat. § 733.710: no claim against a Florida estate may be filed more than 2 years after the date of death — a hard, absolute limit that applies regardless of whether letters of administration were ever issued or notice was ever published. This is separate from, and independent of, the 3-month publication-based deadline under § 733.702, and it's the backstop that eventually closes out claims even on an estate that was never formally opened.

Florida's Inventory isn't a public court filing

Unlike states that file the Inventory directly with the court, Florida's personal representative serves it on interested persons — the surviving spouse, heirs at law, or residuary beneficiaries — rather than filing it as an open court record. The court can still order it produced if needed, but this is a genuinely different approach from most states' Inventory process.

Facing probate in Florida?

A local probate attorney can review your estate — many offer a free consultation.

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Florida probate deadlines — frequently asked questions

How soon must a Florida will be filed after death?

Within 10 days of learning of the death, whoever has custody of the original must deposit it with the clerk of the circuit court in the county where the decedent lived — under Fla. Stat. § 732.901. This applies even if no probate case will ultimately be opened.

Is the Florida Inventory filed with the court?

Not in the ordinary course. Unlike many states, Florida's Inventory is served on interested persons — the surviving spouse, heirs, or residuary beneficiaries — rather than filed as a public court record, though the court can order it produced.

What is the absolute outer limit for a Florida creditor claim?

Two years from the date of death, under Fla. Stat. § 733.710, regardless of whether letters of administration were ever issued or notice was ever published. No exceptions extend past this date.

When must a Florida personal representative pay valid claims?

Within one year of the first publication of the Notice to Creditors, under Fla. Stat. § 733.707, though this deadline can be extended for good cause shown to the court.

Estimate for general guidance only, not legal advice. Based on Fla. Stat. § 732.901, 733.604, 733.702, 733.707, 733.710, 733.901, 733.2121. Confirm current deadlines with the Clerk of Court or a licensed Florida attorney.