The Florida Probate Timeline Step by Step: Letters, the 90-Day Creditor Period, and Closing

When a loved one passes away in Miami, the family's most common question is simple: how long will probate take, and what happens at each stage? Florida probate follows a defined sequence set out in Chapter 733 of the Florida Statutes and the Florida Probate Rules. Understanding that sequence — from the filing of the petition, to the issuance of Letters of Administration, through the creditor claim period, and finally to closing and discharge — helps families set realistic expectations and avoid the missteps that stall estates in the Miami-Dade Probate Division for months longer than necessary.

This page walks through the formal administration timeline step by step, with the statutes and deadlines that actually govern each phase. If you are just beginning, our overview of working with a Miami probate attorney explains how representation works from day one.

Step 1: Filing the Petition for Administration (Weeks 1–3)

Formal administration begins when an interested person — usually the person nominated as personal representative in the will — files a Petition for Administration under Florida Probate Rule 5.200 in the circuit court of the county where the decedent was domiciled, per Fla. Stat. § 733.101. For a Miami resident, that means the Probate Division of the Eleventh Judicial Circuit in Miami-Dade County.

Two practical points at this stage:

• The original will must be deposited within 10 days. Under Fla. Stat. § 732.901, the custodian of a will must deposit it with the clerk of court within 10 days after learning of the death. This deadline applies even if no probate is opened yet.
• The personal representative must be qualified. Under Fla. Stat. § 733.302–733.304, a nonresident of Florida can serve only if they are a close relative of the decedent (spouse, child, parent, sibling, or certain other relations). Felons and persons under 18 cannot serve.

Step 2: Issuance of Letters of Administration (Weeks 3–8)

Once the court is satisfied that the will is valid (or that intestacy applies), that the petitioner is qualified, and that any required bond has been posted under Fla. Stat. § 733.402, it enters an order admitting the will and appointing the personal representative. The clerk then issues Letters of Administration — the document that gives the personal representative legal authority to act for the estate under Fla. Stat. § 733.601.

Letters are the key that unlocks everything else: closing bank accounts, retitling assets, communicating with financial institutions, and selling estate property. In Miami-Dade, an uncontested petition with clean paperwork often results in Letters within four to eight weeks of filing; disputes over who should serve, or defects in the will, can extend this significantly. If a will contest or appointment dispute is brewing, see our page on handling objections in Miami probate court.

Step 3: Notice of Administration and Notice to Creditors

After appointment, the personal representative must send two distinct notices, and confusing them is a common error:

Notice of Administration — Fla. Stat. § 733.212

This notice goes to the surviving spouse and beneficiaries. It starts a critical clock: recipients have 3 months after service to object to the validity of the will, the venue, or the court's jurisdiction. Miss that window and those objections are generally barred.

Notice to Creditors — Fla. Stat. § 733.2121

The personal representative must promptly publish a Notice to Creditors once a week for two consecutive weeks in a newspaper published in Miami-Dade County. The personal representative must also conduct a diligent search for reasonably ascertainable creditors and serve them directly. Publication alone does not cut off a known creditor's rights — direct service is required for creditors the estate knew about or should have discovered.

Step 4: The Creditor Claim Period (Months 2–5)

This is the phase people often call the "90-day creditor period." Under Fla. Stat. § 733.702(1), creditor claims are barred unless filed within the later of:

• 3 months after the first publication of the Notice to Creditors, or
• 30 days after direct service of the notice on that particular creditor.

Worked example: Suppose the Notice to Creditors is first published on March 1. The general claims deadline is June 1 — three months later. But if the personal representative discovers a hospital creditor on May 20 and serves the notice that day, that hospital has until June 19 (30 days after service) even though the June 1 general deadline has passed.

Two backstops matter here:

• The two-year absolute bar. Under Fla. Stat. § 733.710, no creditor claim may be enforced more than 2 years after the date of death, regardless of notice. This is a statute of repose the court cannot extend.
• Objections to claims. If a claim is filed, the personal representative may object under Fla. Stat. § 733.705. The objection must generally be filed within 4 months of first publication or 30 days after the claim is filed, whichever is later. The creditor then has 30 days after service of the objection to file an independent action or the claim is abandoned.

During this same window, the personal representative gathers assets and files the estate inventory. Florida Probate Rule 5.340 requires the inventory within 60 days after issuance of Letters. Note that estate assets held only in the decedent's name pass through probate; property owned jointly with a spouse typically passes outside probate entirely — our guide to tenancy by the entirety in Florida explains why.

Step 5: Administration Tasks (Months 3–10)

Once the claim period closes, the personal representative can move toward distribution with confidence about the estate's debts. Typical tasks in this phase include:

1. Paying valid claims and expenses in the order of priority set by Fla. Stat. § 733.707 — administration costs and attorney's fees first, then funeral expenses, taxes, medical expenses of the last illness, and so on.
2. Resolving homestead issues. The Miami-Dade court must often determine homestead status of the decedent's residence, which affects both creditor protection and who inherits.
3. Handling tax obligations, including the decedent's final income tax return and, where required, estate tax filings.
4. Selling or retitling real property, which may require court authorization depending on the will's terms.

If the decedent also owned property outside the state where the primary estate is pending, a separate proceeding may be needed — see our page on ancillary probate.

Step 6: Closing the Estate — Accounting, Petition for Discharge, and Distribution

Closing is governed by Florida Probate Rule 5.400. The personal representative files a final accounting and a Petition for Discharge, which must state that the estate has been fully administered, disclose compensation paid or to be paid, and include a plan of distribution. Interested persons then have 30 days after service to file objections to the accounting, the compensation, or the proposed distribution.

If no objections are filed (or once objections are resolved), the personal representative distributes the assets, obtains receipts from the beneficiaries, and the court enters an Order of Discharge, releasing the personal representative from further liability. Under Fla. Stat. § 733.901, discharge bars later suits against the personal representative for administered matters.

How Long Does the Whole Process Take?

Florida law expects formal estates to close within 12 months — Florida Probate Rule 5.400 requires the personal representative to petition for an extension if administration will run longer, and litigation, tax issues, or hard-to-sell assets frequently justify one. For a detailed look at when and how the court grants more time, see our page on Miami probate timeline extensions. Note also that smaller estates — generally those under $75,000 in non-exempt assets, or where the decedent has been dead more than two years — may qualify for summary administration under Fla. Stat. § 735.201, which skips much of this timeline entirely.

You can contact us by phone at 786-522-1411 or by email at [email protected].