How Long Does Probate Take in Miami-Dade County, Florida?

One of the most common questions families ask after a loved one passes away is how long the probate process will take. The honest answer is that it varies widely, and much of the variation comes from the type of administration, whether disputes arise, and how the estate is handled in the specific court where it is filed — in this case, the Miami-Dade County Probate Division.

This page focuses on the timeline and the sequence of steps. For deeper discussion of related sub-topics, we link out rather than repeat them: see creditor claims, summary administration vs. formal administration, ancillary probate for out-of-state property, and will contests.

How Probate Is Filed and Heard in Miami-Dade County

Understanding the local mechanics helps explain the timeline. Probate matters in Miami-Dade are filed in the Eleventh Judicial Circuit and assigned to the Probate Division, which sits primarily at the Lawson E. Thomas Courthouse Center in downtown Miami. This is one of the busiest probate dockets in Florida, and that volume affects scheduling.

A few local realities that shape how long things take:

• Everything is e-filed. Petitions, the original will, oaths, and proposed orders are submitted through the statewide Florida Courts E-Filing Portal (myflcourtaccess.com). The original paper will must still be deposited with the Clerk of Court under Fla. Stat. § 732.901 within 10 days of learning of the death, but the case itself moves electronically.
• Uncontested orders are reviewed by the division, not always at a hearing. Routine matters — appointment of a personal representative, an order admitting the will, or an order of summary administration — are typically ruled on "in chambers" once the paperwork is complete and correct. In a clean case this can happen within a few weeks of filing.
• Contested matters require a hearing, and hearings must be coordinated. When there is an objection, a will challenge, or a disputed accounting, you need hearing time on the assigned judge's calendar. Coordinating hearings with a busy Miami-Dade probate judge and opposing counsel is frequently what stretches a contested case from months into more than a year.
• Publication has local requirements. The notice to creditors must be published once a week for two consecutive weeks in a newspaper qualified for legal notices in Miami-Dade County (for example, the Miami Daily Business Review). The clock on the creditor period runs from the date of first publication, so getting to publication quickly is one of the most impactful things a personal representative can do.

Summary Administration Timeline

Summary administration is available when the value of the estate subject to probate (excluding exempt property) does not exceed $75,000, or when the decedent has been dead for more than two years. There is no appointed personal representative; the court enters an order distributing assets directly.

In practice, a well-prepared summary administration in Miami-Dade is often resolved in one to three months from filing, provided every beneficiary joins or is properly served and the qualification is clean. The most common cause of delay we see is not court backlog — it is an incomplete petition (a missing beneficiary signature, an unaccounted-for creditor, or a homestead property that needs a separate petition to determine homestead status). Getting the filing right the first time is what keeps summary administration fast.

Formal Administration Timeline

Formal administration is the standard process for estates over $75,000 where the decedent died within the past two years. It involves appointing a personal representative, inventorying assets, giving notice to creditors, paying debts and taxes, and distributing what remains.

An uncontested formal administration typically takes six months to one year. The floor is set by the mandatory three-month creditor claims period under Fla. Stat. § 733.2121, which begins on the date of first publication of the notice to creditors and cannot be shortened. The personal representative cannot safely make final distributions until that window closes and claims are resolved — see our detailed page on handling creditor claims.

Estates that are contested or complex routinely run one to two years or longer.

An anonymized example: a clean formal administration

In a straightforward Miami-Dade formal administration our office has handled — a single beneficiary, a bank account, and a Coral Gables condominium — the sequence typically looks like this: letters of administration issued about three weeks after filing; notice to creditors published the following week; inventory filed within the 60-day window; the creditor period closed at roughly the four-month mark with no claims filed; and the estate closed shortly after, for a total of about seven months. This illustrates the realistic "best case" for formal administration: the creditor period is the binding constraint, not the court.

An anonymized example: where a case stretched out

By contrast, a case involving a contested appointment among adult children and a homestead property with a mortgage took well over a year. The delay was not the court's substantive rulings but the time required to coordinate hearing dates on a busy calendar, complete discovery, and resolve the homestead devise question. Contested matters are where the local docket volume is felt most.

What Actually Drives the Timeline

The creditor claims period (the fixed floor)

No one can accelerate the three-month period. Known and reasonably ascertainable creditors must also receive direct notice and have 30 days from service to file. A disputed claim that turns into an independent action can add months or years. Full discussion: creditor claims in Florida probate.

Will contests and beneficiary disputes

A challenge to the will's validity or to the personal representative's appointment moves the case from the routine "in chambers" track to the hearing track, with discovery, depositions, and potentially trial. See contesting a will and removing a personal representative.

Out-of-state property

If the decedent owned real property outside Florida, a separate ancillary probate in that state runs on its own timeline and often extends the overall administration.

Homestead and real estate

Florida homestead property carries constitutional restrictions on devise. Determining homestead status frequently requires a separate petition and order, which is a common source of added time in Miami-Dade cases involving a family home. Sales of estate real property may also require court authorization.

Federal estate tax

Estates required to file a federal estate tax return (Form 706) face additional delay: the return is due nine months after death, and the personal representative generally cannot make final distributions until tax exposure is resolved, given potential personal liability.

Personal representative diligence

The most controllable variable. Prompt gathering of records, timely publication, and on-time filing of the inventory (due within 60 days of appointment) keep a case moving. Delay here compounds because later steps depend on earlier ones.

The Formal Administration Timeline, Step by Step

1. Filing the petition and depositing the will (Week 1–2): The petition for administration is e-filed; the original will is deposited with the Clerk under Fla. Stat. § 732.901 within 10 days of learning of the death.
2. Appointment of personal representative (Week 2–4): Once the paperwork is complete, the Probate Division issues letters of administration — often in chambers, without a hearing, in an uncontested case.
3. Notice to creditors published (Week 3–5): Published in a Miami-Dade legal-notice newspaper, triggering the three-month claims period.
4. Inventory filed (within 60 days of appointment): All probate assets identified and valued.
5. Creditor claims period closes (Month 4–5): Filed claims are evaluated, paid, or objected to.
6. Debts and taxes paid (Month 5–8): Valid claims, administrative expenses, and tax obligations are satisfied.
7. Final accounting and distribution (Month 6–12): Remaining assets distributed to beneficiaries.
8. Estate closed (Month 8–12+): Final accounting or closing statement filed and the estate discharged.

Disposition Without Administration (the fastest option)

Under Fla. Stat. § 735.301, a very small estate consisting only of exempt property and non-exempt assets not exceeding the amount of funeral expenses (up to $6,000) plus reasonable last-illness medical expenses of the final 60 days may qualify for disposition without administration. There is no personal representative and no creditor period, so it can often be completed in a matter of weeks.

How to Keep a Miami-Dade Probate Moving

• Publish the notice to creditors immediately. The three-month clock does not start until first publication — every week of delay adds a week to the case.
• Submit complete, correct filings. Rejected or incomplete e-filings are a leading cause of avoidable delay on a busy docket.
• Gather records early. Bank and investment statements, deeds, insurance policies, and tax returns should be collected before the case is even filed.
• Address homestead up front. If a family home is involved, plan for a homestead determination as part of the timeline.
• Resolve disputes by negotiation or mediation. Reaching hearing or trial is what pushes cases past a year.
• Plan ahead to reduce future probate. Tools like probate-avoidance strategies, lady bird deeds, and beneficiary designations can shrink or eliminate probate for the next estate.

Frequently Asked Questions

What is the shortest possible probate in Florida?

Disposition without administration for a qualifying very small estate can be completed in a few weeks. Summary administration typically takes one to three months.

Why does even a simple formal administration take at least six months?

Because the three-month creditor claims period under Fla. Stat. § 733.2121 cannot be shortened, and the personal representative must still evaluate claims and complete distribution and closing afterward.

Does a will contest always take years?

Not always, but a contest moves the case to the hearing track and adds discovery, depositions, and coordinated hearing dates. On the Miami-Dade docket, that commonly adds six months to a year or more.

Can I sell the house before probate is finished?

Sometimes, with the proper authority and often court approval. See our dedicated page on selling a house during probate.

About the Author

This page was written and reviewed by Albert Goodwin, Esq., principal of the Law Offices of Albert Goodwin, PA. Mr. Goodwin is a member of The Florida Bar and concentrates his practice on probate, estate administration, and estate litigation in Miami-Dade County and throughout Florida. Our office regularly represents personal representatives and beneficiaries in formal and summary administration before the Miami-Dade Probate Division.

Speak With a Miami-Dade Probate Attorney

If you need to open a probate estate or you are a beneficiary waiting for an estate to be resolved, we can help you understand the realistic timeline for your specific situation and work to move the process forward efficiently. We handle formal administration, summary administration, and related proceedings throughout Florida.

Call 786-522-1411 or email [email protected]. Our office is located at 121 Alhambra Plz #1000, Coral Gables, FL 33134, minutes from the Miami-Dade Probate Division.

This article is general legal information about Florida probate timelines and is not legal advice. Timeframes are typical ranges and are not a guarantee of any particular outcome or duration in any specific case.