How Long Does Probate Take in Palm Beach County?
Probate in Palm Beach County typically takes six to twelve months for a formal administration and as few as several weeks for a summary administration. The timeline depends on the size and complexity of the estate, whether there are disputes among heirs, how quickly creditor claims are resolved, and — if real estate is involved — whether the personal representative needs to sell property during the process. For families dealing with an inherited home, the probate timeline directly controls when you can sell, how long you carry the property's costs, and what your options are.
Two Paths: Summary Administration vs. Formal Administration
Florida probate law (Chapter 733, Florida Statutes) provides two main tracks, and which one applies to your situation determines the realistic timeline.
Summary administration
Summary administration is available when the total probate estate value (excluding homestead property) is $75,000 or less, or when the decedent died more than two years ago regardless of value. This is the faster path. There is no personal representative appointed by the court, no formal creditor notice period, and no ongoing court supervision. The court issues an order distributing assets, and the estate is closed.
Realistic timeline: a few weeks to two months, depending on the Palm Beach County Probate Division's docket and how quickly your attorney files the petition and supporting documents.
Summary administration does have limits. If there are contested claims, unknown creditors, or complex title issues on real property, the court may require formal administration instead.
Formal administration
Formal administration is the standard probate process for larger or more complex estates. The major stages:
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Filing the petition and appointing the personal representative: The attorney files the petition with the Palm Beach County Probate Division (15th Judicial Circuit). The court issues Letters of Administration, giving the personal representative legal authority to act on behalf of the estate. This step typically takes two to four weeks from filing.
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Notice to creditors: Florida requires two types of creditor notice. Known creditors receive direct notice and have 30 days to file claims. Unknown creditors are notified through a published notice in a local newspaper, and the notice period runs for three months from the date of first publication. This three-month window is one of the biggest factors in the timeline — no formal administration closes before it expires.
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Inventory and asset management: The personal representative inventories estate assets, including real property, manages ongoing obligations (mortgage payments, insurance, property taxes, HOA dues), and may need court approval for certain actions.
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Creditor claim resolution: After the notice period closes, the personal representative reviews any claims filed, pays valid debts from estate funds, and objects to invalid claims if necessary.
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Distribution and closing: Once debts are settled, the remaining assets are distributed to beneficiaries according to the will (or Florida intestacy law if there is no will), and the estate is closed by court order.
Realistic timeline: six to twelve months for a straightforward formal administration. Estates with litigation, contested wills, tax complications, or complex real estate can take significantly longer.
Can You Sell the House During Probate?
Yes, in most formal administrations the personal representative has the authority to sell real property — but the details depend on the will, the type of property, and sometimes the court.
If the will grants the personal representative "full power of sale," the sale can proceed without a separate court order, streamlining the process. If the will is silent or restrictive, the personal representative may need court approval before selling, which adds time.
Florida homestead property adds another layer. If the decedent's home qualifies as homestead (their primary residence), Florida's constitutional homestead protections may restrict who inherits it and whether it can be sold. If the surviving spouse or minor children have homestead rights, the property may pass outside of probate entirely and cannot be sold without their consent. This is one of the most common sources of confusion for out-of-state families dealing with a Florida estate.
For a detailed walkthrough of selling an inherited house — from the personal representative's authority through closing — see our guide to selling an inherited house in Palm Beach County and our South Florida probate real estate hub.
What Delays Probate in Palm Beach County
- Contested wills or disputes among heirs: Litigation over the will's validity or the personal representative's actions can extend probate by months or years.
- Undiscovered or disputed creditor claims: If creditors file late or contested claims, resolution takes additional time and may require court hearings.
- Title issues on real property: Unclear title, missing deeds, unrecorded transfers, or boundary disputes must be resolved before the property can be sold or distributed.
- Tax complications: Estates that owe federal estate tax (for estates exceeding the federal exemption threshold) require IRS clearance before final distribution.
- Out-of-state personal representatives: Florida requires a non-resident personal representative to be a spouse, sibling, parent, child, or other specified relative of the decedent. If none qualifies, the court appoints a Florida resident, which adds time.
- Court docket congestion: The Palm Beach County Probate Division handles a high volume of cases, and hearing dates can be several weeks out.
How to Minimize Delays
Work with a probate attorney from the start — the filing and notice requirements are procedural, and missing a step can add weeks or months. If the estate includes real property you intend to sell, engage a real estate broker experienced in probate sales early so the property can be prepared and marketed while the creditor notice period runs.
PBP Real Estate's Gia Freer has over 20 years of experience working with executors, personal representatives, and probate attorneys in Palm Beach County. We coordinate with your attorney on timeline and process, handle the real estate side — valuation, preparation, marketing, and closing — and keep you informed without the jargon. Contact us or call 561-395-8418 to start the conversation.
Probate Timeline in Palm Beach County: Questions and Answers
How long does a simple probate take in Palm Beach County?
A summary administration — available for estates under $75,000 (excluding homestead) or when the decedent died more than two years ago — can be completed in a few weeks to two months. A straightforward formal administration typically takes six to twelve months.
Can you sell a house in probate in Florida?
Yes. In a formal administration, the personal representative can sell real property if the will grants the power of sale or if the court approves the sale. The timing depends on when Letters of Administration are issued and whether homestead protections apply.
What is the difference between summary and formal probate in Florida?
Summary administration is a shorter process for smaller estates (under $75,000 excluding homestead) or estates where the decedent died more than two years ago. There is no personal representative appointed and no formal creditor notice period. Formal administration is the standard process for larger estates and includes court appointment of a personal representative, a three-month creditor notice period, and court oversight of distribution.
Does Florida homestead affect the probate timeline?
Yes. If the property qualifies as Florida constitutional homestead and there is a surviving spouse or minor children, the property may pass outside of probate entirely and cannot be sold without their consent. This can significantly change both the timeline and the personal representative's options.
Do I need a probate attorney in Palm Beach County?
Florida law effectively requires an attorney for formal administration — a non-attorney personal representative cannot represent the estate in court proceedings. Even for summary administration, the procedural and filing requirements make an attorney advisable.
This article is published by PBP Real Estate, LLC (Fla. license CQ1064615), Boca Raton, Florida. Gia Freer is a licensed Florida real estate broker with over 20 years of probate real estate experience. This is real estate guidance, not legal advice — consult a qualified probate attorney for your specific situation. Portions of our content workflow are AI-assisted and reviewed by our licensed team — see our AI Policy.