In Florida, there’s no single deadline that tells you how long after death beneficiaries are notified. If the estate goes through probate, the personal representative must serve a Notice of Administration on beneficiaries “promptly” after the court appoints them, which usually means several weeks to a few months after the death. If assets pass through a revocable trust, the trustee has 60 days from learning the trust became irrevocable to notify qualified beneficiaries. Real-world timelines vary widely depending on how quickly someone opens the estate and how complicated it is.
Probate Beneficiaries: The “Promptly” Standard
When a will is submitted to probate, the court issues letters of administration appointing a personal representative. Only then does the notification duty kick in. Florida Statute 733.212 requires that person to serve a Notice of Administration on known beneficiaries “promptly” after appointment.1Florida Senate. Florida Statutes 733.212 – Notice of Administration; Filing of Objections The statute doesn’t set a specific number of days.
Notice must go to the surviving spouse, named beneficiaries, persons who may be entitled to exempt property, and, in some situations, trustees and qualified beneficiaries of trusts connected to the estate. Serving heirs (in an intestate estate) or beneficiaries under a prior will is discretionary, not mandatory. The statute says the personal representative “may” serve them, not “shall.”1Florida Senate. Florida Statutes 733.212 – Notice of Administration; Filing of Objections Most competent representatives notify known heirs anyway, but if you think you may inherit through intestacy, the law doesn’t guarantee formal notice.
What “promptly” means in practice is a reasonable time after receiving letters of administration.2Online Sunshine. Florida Statutes 733.301 – Preference in Appointment of Personal Representative There’s room for interpretation, but a representative who sits on the obligation for months without cause risks court intervention.
Trust Beneficiaries: Two 60-Day Deadlines
Assets held in a revocable living trust skip probate. When the person who created the trust dies, the trust typically becomes irrevocable, and the trustee takes on separate notification duties under Florida Statute 736.0813.
The first 60-day clock runs from the date the trustee accepts the role. Within that window, the trustee must inform qualified beneficiaries that they’ve taken over, provide their name and address, and note that attorney-client privilege applies to communications with any lawyer they hire.3Justia Law. Florida Statutes 736.0813 – Duty to Inform and Account
The second 60-day clock runs from when the trustee learns the trust has become irrevocable, which is usually the date they learn of the death. Within that window, the trustee must notify qualified beneficiaries of the trust’s existence, who created it, and the beneficiary’s right to request a copy of the trust document and receive accountings.3Justia Law. Florida Statutes 736.0813 – Duty to Inform and Account
Not every person named in a trust document counts as a qualified beneficiary. Florida defines that term narrowly: someone currently entitled to distributions, someone who would become entitled if the current beneficiaries’ interests ended, or someone who would receive distributions if the trust terminated according to its terms.4Florida Senate. Florida Statutes 736.0103 – Definitions A remote contingent beneficiary may not qualify for mandatory notice.
Why Notification Gets Delayed
The biggest cause of delay in probate is the gap between the death and the opening of the estate. The notification clock can’t start until a personal representative is appointed, and that can’t happen until someone petitions the court. Common reasons for delay include:
- No one steps forward. Grieving family, family conflict, or simple confusion about who should act can push the petition back weeks or months.
- The original will can’t be found. Florida requires the original signed will; a copy alone isn’t enough without additional court proceedings.
- An early will contest. If someone challenges the will before appointment, the process stalls until the court resolves the dispute.
- Beneficiaries whose addresses are unknown. The personal representative must conduct a diligent search, though extended or impractical searches aren’t required.
- Court scheduling. In busier Florida counties, routine probate matters can sit on a judge’s calendar for weeks.
Trusts move faster because no court proceeding is needed to begin. But a trustee who doesn’t know about the death, or who is slow to accept the role, effectively pushes back the 60-day clock.
The Three-Month Clock That Starts When You’re Served
Once you receive a Notice of Administration in a probate case, a three-month clock begins. Any objection to the will’s validity, the court’s jurisdiction, or where the case was filed must be filed within three months, or those objections are “forever barred.”5Online Sunshine. Florida Statutes 733.212 – Notice of Administration; Filing of Objections
The statute is strict about extensions. The three-month period can only be extended if the personal representative made a specific misstatement about the deadline itself. No other reason works: not misconduct, not failure to disclose information, not any other circumstance. Even setting aside the three-month bar, all objections must be filed before either the court’s final discharge of the personal representative or one year after the notice was served, whichever comes first.5Online Sunshine. Florida Statutes 733.212 – Notice of Administration; Filing of Objections
This is why delayed notification matters beyond just being kept in the dark. A late notice compresses the time you have to evaluate whether the will is legitimate and decide whether to challenge it.
When You’ll Actually Receive Your Inheritance
Getting notified is not the same as getting paid. Distributions wait for the creditor claim period to close. The personal representative must promptly publish a notice to creditors in a local newspaper once a week for two consecutive weeks.6Online Sunshine. Florida Statutes 733.2121 – Notice to Creditors; Filing of Claims Creditors then generally have three months from the first publication to file claims against the estate, or 30 days from receiving direct notice, whichever is later. Claims filed after those deadlines are barred.7Online Sunshine. Florida Statutes 733.702 – Limitations on Presentation of Claims
No responsible personal representative distributes assets before the creditor window closes, because debts get paid first. Even with quick notification, plan on at least three to four months before distributions begin, and often longer if creditors file claims that need resolving or the estate holds complex assets.
What to Do If You Haven’t Heard Anything
You don’t have to wait passively. If a personal representative ignores the duty to notify, Florida courts can remove them for failing to comply with court orders, wasting or mismanaging the estate, or failing to account for estate assets.8Florida Senate. Florida Statutes 733.504 – Removal of Personal Representative; Causes for Removal Trustees face parallel accountability. A beneficiary can petition the court to remove a trustee who has committed a serious breach of trust or who persistently fails to administer the trust effectively.9Online Sunshine. Florida Statutes 736.0706 – Removal of Trustee Missing a mandatory 60-day trust notice is a clear breach of fiduciary duty.
If you believe you’re a beneficiary and haven’t been notified within a reasonable time after the death, check probate court records in the county where the deceased person lived, contact the clerk’s office, or consult a Florida probate attorney. The three-month objection window may already be running if the estate is open and you simply weren’t served.