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Katz & Associates / Understanding the wait
Some dates come from legal rules. Others depend on records, claims, tax work, or a court decision. Knowing the difference helps you ask for a useful update.
There is no single probate countdown
Florida probate does not have one finish date that starts at death. The type of proceeding, dates of appointment and notice, assets, claims, taxes, and disputes all matter. A filing deadline is not a promise that the estate will be finished by that date.
For a helpful status update, ask what event starts the next clock and what task is preventing the next step. Florida probate administration involves both legal deadlines and work that depends on the estate’s facts.
Track one: legal clocks
These are selected rules, not a complete deadline calendar. Your lawyer should identify the dates and exceptions that apply to the actual case.
| Event and task | General timing and limit |
|---|---|
| A will's custodian learns of the death | The will-deposit duty generally runs for 10 days after learning of the death. This is not a deadline to finish probate. |
| Letters are issued in an administration | The personal representative generally files the inventory within 60 days after letters, unless the court extends the time. |
| Notice to creditors is published or served | Claim periods depend on publication and service. The later applicable period can control; see the explanation below. |
| Closing papers become due | Rule 5.400 generally uses 12 months after letters if no federal estate-tax return is filed, or 12 months from that return's due date otherwise. Court extensions for cause may apply. |
Sources: §732.901, §733.702, and Probate Rules 5.340 and 5.400. The final-accounting and discharge-petition deadline is a filing/service requirement, not guaranteed completion.
Not a blanket 90-day rule
Under §733.702, the general claim deadline is the later of three months after first publication of notice to creditors or, for a creditor required to receive service, 30 days after service. Statutory exceptions, possible extensions, and the separate limit in §733.710 must also be considered.
That is why “wait 90 days from death” is not a reliable instruction. The relevant dates may be publication and service, not the date the family first called a lawyer or found the will.
Florida also has a two-year limitation tied to death under §733.710. It has exceptions, including certain timely claims and secured interests. It is not a general command to leave every estate open for two years.
Keep copies of notices and envelopes, and tell counsel when they were received. Do not use a general article to decide that a deadline has passed. Ask for advice before ignoring a claim or notice.
Track two: practical dependencies
The end of a claim period does not mean every asset is ready to distribute. The next step may need an account record or a property value. A sale, tax issue, or dispute may still be open.
Missing deeds, unclear ownership, incomplete bank records, or an asset in another state may require more investigation or a separate process.
A disputed debt, a will contest, an unresolved tax issue, or a needed court order may prevent the next step despite progress elsewhere.
Some tasks can run at the same time. Others depend on a prior result. Ask which is which before assuming that every open item adds a separate block of months.
Our guide to probate court documents and roles explains why a petition, letters, an inventory, and a closing order serve different purposes.
Speed is not the only duty
Claims need review for validity, timing, priority, and the funds available. Section 733.707 sets the order for paying administration expenses and obligations. The first bill to arrive does not always get paid first.
Distributing money too soon can also create problems if expenses, claims, or taxes remain. Ask what may safely be paid or distributed and what reserve is needed. Keep receipts and records rather than mixing estate money with personal spending.
A longer administration can add expenses, but urgency does not remove legal duties. Our probate costs guide separates legal fees, other expenses, and cash needed at the start.
Replace “How much longer?” with a specific request
Ask for the next filing, decision, or transfer. What must happen first? Who must act? What information is missing? Ask whether the date is a legal deadline, an estimate, or an outside party’s expected response.
You can help by providing complete records promptly, correcting contact details, flagging new notices, and answering focused questions. Tell counsel if a document is unavailable instead of leaving the request unanswered.
Read a waiver, consent, or receipt before signing it. Ask what it does. Speed alone is not a reason to give up a right. If you are a beneficiary, clarify whether the lawyer represents you or the personal representative. Our guide to probate representation explains that distinction.
Identify what is actually pending
Katz & Associates can discuss the estate's stage, the rules involved, and what information is needed to assess the next step.
Common questions
No. Rule 5.400 concerns filing and serving closing papers, uses different triggers depending on estate-tax filing, and allows court extensions for cause. It is not a guaranteed finish date.
No. The procedure must fit the estate, and creditor, notice, property, and court requirements still matter. Do not choose a route only because it sounds faster.
A lawyer may explain known dates and give a fact-based estimate, but unresolved claims, assets, taxes, and court decisions can change it. Ask what assumptions the estimate depends on.
About the author
By Katz & Associates. Published by Katz & Associates Law Firm.
This is general information, not a deadline calculation or advice about a pending claim.
Sources checked October 26, 2026. Court-rule references use the October 15, 2026 compilation.