When someone dies owning real property in Jacksonville, that property can’t simply be transferred to the heirs. It has to go through probate — the legal process of validating the will (if there is one), settling debts, and distributing assets under court supervision. If you’ve just inherited a Jacksonville home or expect to, the first question is always the same: how long is this going to take?
The honest answer: it depends on which type of probate applies. In Duval County, the timeline ranges from 4 weeks for a simple summary administration to 12+ months for a contested formal administration. Here’s exactly what determines which track your case falls on and what to expect at each stage.
The Two Types of Probate in Florida
Florida law provides two main paths for probating an estate. Which one applies to your situation determines whether you’re looking at a month-long process or a year-long process.
Summary Administration (The Fast Track)
Summary administration is available when:
- The total estate value (excluding homestead property) is under $75,000, OR
- The decedent has been dead for more than two years (regardless of estate value)
This is the streamlined process. There’s no personal representative (executor) appointed to manage the estate over time. Instead, the beneficiaries or heirs file a Petition for Summary Administration with the 4th Judicial Circuit Court at the Duval County Courthouse (501 W. Adams Street, Jacksonville). The petition includes the death certificate, the will (if one exists), a list of assets, known creditors, and the proposed distribution.
Duval County summary administration timeline:
| Step | Timeline |
|---|---|
| Hire a probate attorney and gather documents | 1–2 weeks |
| File Petition for Summary Administration | Day 1 (filing) |
| Court review and Order of Summary Administration | 2–4 weeks after filing |
| Record Order with Duval County Clerk | 1–3 days after Order |
| Property eligible for transfer/sale | Immediately after recording |
| Total timeline | 4–8 weeks |
Summary administration is common for Jacksonville estates where the primary asset is a modest home — particularly in neighborhoods like the Westside (32210, 32221) and Northside (32208, 32218) where home values are lower and the estate may qualify under the $75,000 threshold when the homestead exemption is excluded.
Cost: Attorney fees for summary administration in Duval County typically run $1,500–$3,500 plus court filing fees of approximately $400.
Formal Administration (The Full Process)
Formal administration is required when:
- The estate value (excluding homestead) exceeds $75,000, AND
- The decedent has been dead for less than two years
Formal administration involves appointing a Personal Representative (executor) — named in the will or appointed by the court — who manages the estate through the full probate process. This includes inventorying assets, notifying creditors, paying debts, and distributing remaining assets to beneficiaries.
Duval County formal administration timeline:
| Step | Timeline |
|---|---|
| Hire probate attorney and gather documents | 1–3 weeks |
| File Petition for Administration | Day 1 (filing) |
| Court appoints Personal Representative | 2–4 weeks after filing |
| Personal Representative issues Letters of Administration | 1 week after appointment |
| Notice to Creditors published (Daily Record newspaper) | Within 20 days of appointment |
| Creditor claim period | 3 months from first publication |
| Inventory and accounting filed with court | Within 60 days of appointment |
| Resolution of creditor claims (if any) | 1–3 months |
| Petition for Distribution filed | After creditor period closes |
| Court Order of Distribution | 2–4 weeks after petition |
| Property transfer/sale authorized | After Order of Distribution |
| Total timeline (uncontested) | 6–9 months |
| Total timeline (contested) | 12–24+ months |
The mandatory 3-month creditor notice period is the single biggest time factor in formal administration. Florida law requires it, and there’s no way to shorten or skip it. This is the window where anyone owed money by the estate — credit card companies, medical providers, contractors — can file claims against the estate’s assets.
Cost: Attorney fees for formal administration in Florida are set by statute (Florida Statute 733.6171) based on the estate’s compensable value:
- $75,000 estate: $3,000 in attorney fees
- $100,000 estate: $3,750
- $200,000 estate: $5,250
- $300,000 estate: $6,750
Plus court filing fees ($400), publication costs ($150–$300), and potentially accounting and appraisal fees.
What Slows Probate Down in Duval County
Even a straightforward formal administration can get delayed. Here are the most common reasons estates take longer than the 6–9 month baseline in Jacksonville:
Contested wills
If a beneficiary or potential heir challenges the validity of the will — claiming undue influence, lack of capacity, or improper execution — the case becomes litigation. Will contests in Duval County are heard in the Probate Division of the 4th Judicial Circuit. They involve discovery, depositions, and potentially a trial. A contested will can extend probate to 18–24 months or longer and consume $15,000–$50,000+ in legal fees across all parties.
Multiple heirs who disagree
Even without a formal will contest, heirs who can’t agree on how to handle estate assets create delays. One sibling wants to sell the Jacksonville property; another wants to keep it as a rental; a third wants to move into it. Every disagreement requires either negotiation (taking weeks or months) or court intervention (adding months of hearings and legal fees).
Creditor disputes
If a creditor files a claim that the Personal Representative disputes — say, a contractor claiming $15,000 for work done before the owner’s death — the claim must be resolved through the court. This adds 2–6 months to the process depending on complexity.
Title issues on the property
Sometimes the probate moves along smoothly, but the real property itself has title problems: unpaid property taxes creating tax certificates, an old mortgage that was paid off but never released, code violation liens from the City of Jacksonville, or boundary disputes. These must be resolved before the property can transfer — either during or after probate.
Out-of-state heirs and slow document collection
When heirs are scattered across multiple states (common in Jacksonville, where many residents relocated from the Northeast), coordinating signatures, notarizations, and court appearances adds logistical delays. Florida courts will accept out-of-state affidavits and remote notarizations, but every mail cycle and scheduling conflict adds days to weeks.
The Homestead Exception: When Probate Might Not Be Required
Florida’s homestead laws can change the probate equation entirely. If the deceased person lived in the Jacksonville home as their primary residence, the property may qualify as homestead under Article X, Section 4 of the Florida Constitution.
Homestead property is treated differently in two important ways:
Protected from creditors: Homestead property is exempt from forced sale by creditors of the deceased (with limited exceptions for mortgages, property taxes, and work performed on the property). This means estate creditors can’t touch it.
May pass outside of probate: Depending on the family structure:
- If the deceased was survived by a spouse but no minor children: the surviving spouse can elect to take a life estate (right to live there) with the remainder going to the descendants, OR take an undivided one-half interest as a tenant in common with the descendants
- If the deceased was survived by a spouse AND minor children: the surviving spouse gets a life estate and the minor children get the remainder (the vested interest)
- If the deceased had no surviving spouse and no minor children: the homestead passes under the will or, if no will, under Florida intestacy law — but it still goes through probate for the court to determine and confirm the beneficiaries
The homestead analysis is specific to each family’s situation. Getting it wrong can create title defects that haunt the property for years. A Jacksonville probate attorney can determine whether the homestead exemption applies to your inherited property.
Can You Sell the Property During Probate?
Yes — with court approval. This is a critical point that many Jacksonville heirs don’t realize.
In a formal administration, the Personal Representative can petition the court to authorize the sale of real property before the estate is fully settled. The court will approve the sale if it’s in the best interest of the estate — which it usually is when the property has carrying costs (taxes, insurance, maintenance) that are draining estate assets.
The process for selling during probate:
- The Personal Representative identifies a buyer and negotiates a sale price
- A Petition to Sell Real Property is filed with the Duval County Probate Division
- Notice is given to all beneficiaries and interested parties
- The court holds a hearing (typically 2–3 weeks after filing)
- If no objections are sustained, the court issues an Order Authorizing Sale
- The sale closes through a Jacksonville title company
- Sale proceeds go into the estate account (held in trust until distribution)
Timeline for court-authorized sale: 3–5 weeks from petition to closing, assuming no objections from beneficiaries.
This is where working with a cash buyer who has experience with probate sales makes a meaningful difference. We can lock in a purchase price, wait for court authorization, and close as soon as the Order is issued. There’s no risk of a traditional buyer walking away during the probate delay, no financing contingency that might fall through, and no uncertainty about whether the deal will hold.
Carrying Costs While Probate Drags On
Every month the inherited property sits in probate is a month of carrying costs. For a typical Jacksonville inherited home:
- Property taxes: ~$168/month on a $200,000 assessed home (Duval County effective rate 1.01%)
- Insurance: $150–$350/month (vacant property policies cost more)
- Utilities: $150–$250/month (HVAC must run in Jacksonville’s humidity to prevent mold)
- Lawn maintenance: $120–$200/month (Jacksonville code enforcement cites overgrown vacant lots quickly)
- Security: $0–$200/month (depending on neighborhood — vacant homes in 32208, 32218 face higher risk)
Total monthly carrying cost: $590–$1,170
Over a 6-month formal administration: $3,540–$7,020 Over a 12-month contested probate: $7,080–$14,040
These costs come directly out of the estate — reducing what the heirs ultimately receive. This is why selling the property as early in the probate process as possible (with court authorization) often maximizes the net inheritance.
What to Do If You’re Waiting on Duval County Probate
If you’re currently in probate — or about to start — here are the steps that protect the estate’s value:
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Secure the property immediately: Change locks, ensure insurance is current, set HVAC to 78°F to prevent mold and moisture damage. If the home is in Arlington or the Westside, consider a security check service.
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Get a date-of-death appraisal: This establishes the stepped-up cost basis for capital gains tax purposes. The sooner you document the property’s value at the date of death, the stronger your tax position when you eventually sell. (See our inherited property tax guide for details on the stepped-up basis.)
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Start the probate process immediately: Every week of delay before filing is a week added to the total timeline. The 3-month creditor notice period doesn’t start until the Personal Representative is appointed and the notice is published.
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Get a cash offer now: Even before probate is complete, you can get a cash offer on the property. This gives you a real number to work with for estate planning and heir negotiations. If all parties agree, you can petition the court to authorize the sale while probate is still in progress.
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Communicate with all heirs early: The most expensive probate delays come from heir disagreements that escalate into legal disputes. Transparent communication — sharing the property’s condition, carrying costs, and realistic sale options — prevents the misunderstandings that lead to contested proceedings.
The Bottom Line
Duval County probate takes 4–8 weeks for summary administration and 6–12+ months for formal administration. The biggest variables are estate complexity, heir agreement, and creditor claims. While you can’t eliminate the mandatory creditor notice period, you can minimize the total timeline by filing promptly, communicating clearly with heirs, and arranging a sale during probate rather than waiting until after it’s complete.
If you’ve inherited a Jacksonville property and want to understand your options — whether you’re pre-probate, mid-probate, or post-probate — request a free cash offer. We work with estates at every stage and can close on the court’s timeline. The offer gives you a concrete number to plan around while the legal process runs its course.