Probate Estate Closing and Representative Discharge in Florida

At a glance

Requirements one by one

Closing route and deadline

After completing administration except for distribution, the representative files a final accounting and a discharge petition that includes a distribution plan. The filing and service deadline is 12 months after letters for an estate not filing a federal estate tax return, or 12 months after that return is due otherwise. The court may extend time for cause after notice; the extension petition states the estate's status and the reason. (Fla. Prob. R. 5.400(a), (c).)

Final filing and account

The petition states that administration is complete; presented claims have been disposed of; taxes and expenses are paid or provided for; and compensation paid or proposed. Its plan identifies prior distributions, remaining property, proposed distributions and funds retained for winding-up expenses. The verified final accounting covers cash and property transactions and an end-of-period asset schedule. (Fla. Prob. R. 5.400(b); 5.346(a), (d).)

Notice, objections and hearing

The accounting and petition are served on interested persons. An interested person may object within 30 days after service of the later of the petition or account on that person. Written objections identify the contested items and grounds; a hearing notice must be served within 90 days after the objection is filed, or the objection is deemed abandoned. If objections proceed, the court rules on them and determines a distribution plan. (Fla. Prob. R. 5.400(c); 5.401(a)–(e).)

Distribution and discharge

The representative promptly distributes under the plan unless objections intervene. On evidence that the estate has been fully administered and properly distributed, the court enters an order discharging the representative and releasing any bond surety. The statute says discharge releases the representative and bars an action against the representative and surety. (Fla. Prob. R. 5.400(d)–(e); 5.401(f); Fla. Stat. § 733.901.)

What trips people up

The objection deadline and the hearing-notice deadline have different triggers. The first runs from service of the later filing on the particular interested person; the second runs from filing the objection. A timely objection is deemed abandoned if hearing notice is not served within the latter period. (Fla. Prob. R. 5.401(a), (d).)

Common questions

Does an objection itself stop the planned distribution? The rule directs prompt distribution under the plan unless objections are filed; if they are, the court determines the plan. (Fla. Prob. R. 5.400(d); 5.401(e).)

Can an estate be administered further after discharge? Yes. The statute says final settlement and discharge do not prevent further administration. (Fla. Stat. § 733.903.)

Statutes and sources

The quoted Florida statutes and statewide probate rules were checked October 4, 2026. The current rule compilation is dated October 1, 2026; source records link to the Legislature and Florida Bar publications.