If a parent or relative recently passed away owning a house in Florida, the property almost certainly has to go through Florida probate before it can be legally sold. How long that takes depends on which type of probate the estate qualifies for, whether the will is straightforward, and how the heirs cooperate. In our experience buying inherited properties across Tampa Bay, formal administration in Florida usually takes 6 to 12 months from filing to closure — though we routinely buy properties under contract long before that final date.
How long does probate take in Florida?
Formal probate administration in Florida typically takes 6 to 12 months from the first court filing to the estate closing. Summary administration — the fast track for estates with under $75,000 in non-exempt assets — takes about 4 to 8 weeks. The biggest variables are the fixed three-month creditor window, court backlog in your county, and how quickly the heirs align. Importantly, the house doesn't have to wait for the end: in most formal administrations it can go under contract within the first month or two.
Florida probate at a glance — the two main types
Florida has two primary forms of probate. Formal administration is the standard process for most estates and runs through the local circuit court with a personal representative (sometimes called an executor). Summary administration is a faster track available for smaller estates — generally those with under $75,000 in non-exempt assets, or where the decedent has been gone more than two years. Which path applies to your situation determines whether you're looking at a 4-month process or a 12-month one.
Formal administration: month-by-month timeline
Month 1 — petition filed, Letters of Administration issued. The personal representative is named and a probate attorney files the Petition for Administration with the local circuit court. The court issues Letters of Administration, which give the personal representative legal authority to act on behalf of the estate — including the authority to sell real estate.
Months 2–3 — inventory and the creditor window. The personal representative inventories the assets, notifies known creditors, and publishes a Notice to Creditors. Florida law gives creditors three months to file claims — this window is fixed by statute and runs no matter how simple the estate is, which is why even clean formal administrations rarely finish in under five months.
Months 4–6 — claims resolved, sales can close. Claims are reviewed and paid, taxes are addressed, and remaining assets — including real estate — can be sold and closed.
Months 7–12 — final accounting and closure. Once debts are cleared and any required tax returns are filed, the personal representative files a final accounting and the court closes the estate.
Summary administration: faster track for smaller estates
Summary administration in Florida can be wrapped up in as little as 4 to 8 weeks if the paperwork is clean and the court isn't backlogged. It applies when the value of the non-exempt property is less than $75,000, or when more than two years have passed since the death. There's no personal representative formally appointed and no Letters of Administration issued, which means real estate sales are handled directly by the court order distributing the property.
How long probate takes in Tampa Bay counties
The statutory deadlines — the 20-day objection periods, the three-month creditor window — are the same everywhere in Florida. What differs by county is docket speed and local procedure. Hillsborough County (Tampa, Brandon, Riverview) runs probate through the Thirteenth Judicial Circuit, one of the busiest dockets in the state; uncontested formal administrations there commonly land in the 6-to-9-month range. Pinellas County (St. Petersburg, Clearwater, Largo) and Pasco County (New Port Richey, Wesley Chapel) both sit in the Sixth Circuit, which handles most routine estates on a similar timeline. Polk County (Lakeland), in the Tenth Circuit, tends to move routine paperwork quickly. In every county, a contested will or a disorganized estate matters far more than the courthouse: disputes can push any of these past a year. We buy probate properties in all four counties and work around each clerk's pace — see how we work with personal representatives and probate attorneys.
What slows Florida probate down
Common delays we see in Tampa Bay probate sales: heirs in different states with hard-to-coordinate signatures, will contests or disputes about who inherits, title issues on the property (missing deeds, old liens, judgments), unfiled tax returns the estate has to clear, and court backlogs in Hillsborough or Pinellas County. Each of those can add weeks or months. The most controllable ones are the first two — sorting out heir alignment and engaging a probate attorney early shortens the average timeline materially.
When can the house be sold during probate?
In formal administration, real estate can typically be listed and put under contract once the personal representative has Letters of Administration — usually in month 1 or 2. Some wills require court approval before a sale closes, but most Florida sales can be closed without separate hearings. Selling to a direct cash buyer like us means we can sign a contract and wait for the estate to be ready to close — we've held contracts open for months without renegotiating, then closed in 7 to 14 days the moment the estate had authority.
Frequently asked questions
What is the average Florida probate timeline?
Formal administration in Florida averages 6 to 12 months, depending on estate complexity, creditor claims, and court backlog. Summary administration (for smaller estates) can take 4 to 8 weeks.
Can I sell the house while probate is open?
Yes — once the personal representative has Letters of Administration, real estate can usually be sold without separate court approval. Some wills require court approval; a probate attorney will tell you which applies.
Does selling to a cash buyer skip probate?
No. The property still has to clear probate before title transfers cleanly. A cash sale doesn't bypass probate, but it lets you lock in a price and close fast the moment the estate is ready.
What is summary administration in Florida?
Summary administration is a streamlined Florida probate process for estates with less than $75,000 in non-exempt assets, or when more than two years have passed since the death. It's faster than formal administration.
Do all heirs have to agree to sell during probate?
It depends on the will and the type of administration. In most cases the personal representative has authority to sell on behalf of the estate. Disagreements among heirs can slow things down but don't always block a sale — we've handled estates where the personal representative proceeded with court approval. If heirs are split, see our guides to selling an inherited house with multiple heirs and what happens when one heir refuses to sell.
How long does probate take in Florida without a will?
Dying without a will (intestate) doesn't change the process much — the estate still goes through the same formal administration, typically 6 to 12 months. The court appoints a personal representative under Florida's priority rules (usually the surviving spouse or the heir a majority of heirs select), which can add a few weeks up front if family members disagree about who should serve.
Can Florida probate be done in less than 6 months?
Sometimes. Summary administration wraps up in 4 to 8 weeks for qualifying estates. Formal administration is hard to finish in under about five months because the three-month creditor window is fixed by statute — but simple estates with cooperative heirs and no claims do land near that floor.
How long after probate starts can you sell the house?
Usually within the first month or two. Once the court issues Letters of Administration, the personal representative can typically sign a contract to sell estate real estate — the sale just closes once the estate is ready. A cash buyer can hold a signed contract while probate runs, then close in days when the estate has authority.
Have a Tampa Bay probate property to sell?
We work directly with executors and probate attorneys. Fair cash offer in 24 hours.
See how we buy probate properties