Deadlines, Pitfalls, and Simplified Steps to Protect the Estate. Losing a loved one in Florida comes with urgent legal responsibilities—even while you’re grieving. There’s no strict deadline to start probate, but waiting too long can freeze assets, trigger lawsuits, or even forfeit property to the state. This guide cuts through the confusion with plain language, deadlines, and pro tips to act wisely.

Florida Probate Deadlines Simplified

1. The 10-Day Rule for Wills

• By law: Anyone holding the deceased’s will must file it with the local probate court within 10 days of death (Florida Statute § 732.901).
• What if you miss this? You could face fines or liability for damages if heirs lose assets due to your delay.

2. Starting Probate: Why Sooner = Safer

• No legal deadline to open probate, but critical timelines kick in once you start:
  • Creditors have 3 months to file claims after probate opens.
  • You have 12 months to resolve debts and distribute assets.
• Wait too long, and:
  • Creditors can sue heirs directly for up to 2 years.
  • Property taxes, mortgages, or HOA fees could drain the estate.

Pro Tip: Start probate within 45 days to avoid chaos.

What Happens If You Skip Probate?

If the deceased owned assets solely in their name (no joint owners or beneficiaries), probate is mandatory. Avoid it, and:
✅ Frozen Assets: Bank accounts, cars, and homes can’t be sold or accessed.
✅ Creditors Sue Heirs: Without probate, debts could fall on family members.
✅ Homestead Headaches: Florida’s unique homestead laws require probate to transfer real estate to heirs in some cases.

Exceptions: When Probate Isn’t Required

Save time and money if:

1. Assets Are Non-Probate:
   • Joint accounts, POD/TOD accounts, trusts, or assets with beneficiaries (e.g., life insurance).
2. Qualify for Summary Administration:
   • Estates under $75,000 (excluding homestead property).
   • The death occurred over 2 years ago (creditors’ claims expire).

Related article for you:
What Assets Are Exempt from Probate in Florida? Save Time, Money, and Stress

Step-by-Step: How to Start Probate in Florida

1. File the Will Within 10 Days

• Bring the original will to the probate court in the deceased’s county.
• No will? Florida’s intestacy laws decide who inherits.

2. Petition to Open Probate

• Submit forms to appoint a Personal Representative (executor).
• Cost: ~$400 in court fees (varies by county).

3. Notify Creditors

• Publish a notice in a local newspaper for 2 weeks.
• Mail direct notices to known creditors.

4. Resolve Debts & Distribute Assets

• Pay valid claims from estate funds.
• Transfer remaining assets to heirs.

FAQs: Real-World Answers

Can I go to jail for filing probate late?

No, but you risk fines, lawsuits, or court removal as executor.

The estate has no money. What now?

File for a “Disposition Without Administration” (for estates under $6,000) to claim items like cars or furniture.

How long does probate take?

6–9 months for simple estates; 1–2 years with disputes.

 Do I need a lawyer?

A: Not required, but Florida’s probate paperwork is complex. Most hire an attorney (~2,500–2,500–5,000).

Critical Checklist: Protect the Estate

☑ Freeze accounts: Notify banks/credit card companies of the death.
☑ Secure property: Change locks, insure homes/cars, and maintain utilities.
☑ Track deadlines: Mark calendars for creditor notices (3 months), tax filings (9 months), and final distribution.

Free Resources & Help

• Download Forms:
  • Florida Small Estate Affidavit
  • Disposition Without Administration
• Legal Aid:
  • Call The Florida Bar: 1-800-342-8011 (free referral service).
  • Low-income families qualify for free help through Florida Legal Services.

Bottom Line

While Florida gives you flexibility to start probate, delaying risks lost assets, debts, and family conflict. File the will within 10 days, start probate within 45 days, and use this guide to simplify the process.

Still overwhelmed? Bookmark this page, share it with family, and call a probate attorney today.