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Florida Probate Rules

Florida Probate Rule 5.400

Distribution and Discharge

What it means

Rule 5.400 closes a Florida estate. A personal representative who has completed administration except for distribution files a final accounting and a petition for discharge with a plan of distribution — stating the estate is fully administered, claims and taxes are resolved, and disclosing all compensation paid or proposed.

The deadline is 12 months after letters issue — or, for an estate filing a federal estate tax return, 12 months from the return's due date — extendable by the court for cause after notice. Interested persons get 30 days from service to object to the accounting, the compensation, or the plan; the objector then has 90 days to serve a notice of hearing or the objection is abandoned.

— What it says
  • Due within 12 months after letters issue — or within 12 months of the federal estate tax return's due date for estates that must file one.
  • Extensions require cause shown after notice; the motion must state the estate's status and the reason more time is needed.
  • The petition discloses compensation paid or proposed for the personal representative, attorneys, accountants, appraisers, and other agents — and how it was determined.
  • Objections to the accounting, compensation, or plan are due within 30 days of service of the last of the two documents.
  • An objection is abandoned unless a notice of hearing is served within 90 days of filing it; objections must be written and particular.
  • After proper distribution, the court discharges the personal representative and releases the surety on any bond.
— In a real probate

How it plays out

The 12-month mark is the deadline clients feel — courts watch it, and when administration genuinely needs longer, we move to extend before the deadline rather than explain after it. The other number that matters is 30 days: once the final accounting and petition are served, a beneficiary who sits on an objection loses it. Discharge is the finish line — it ends the personal representative's authority and exposure, which is why we do not call an estate done until the order is signed and the bond released.

Where this shows up

Pages on this site where Rule 5.400 does real work:

Questions people ask

How long does a personal representative have to close an estate in Florida?
Florida Probate Rule 5.400 requires the final accounting and petition for discharge within 12 months after letters issue — or within 12 months of the federal estate tax return's due date if the estate must file one. The court can extend the time for cause, after notice to interested persons.
How long do you have to object to a final accounting in Florida?
30 days from service of the last of the petition for discharge or final accounting. Objections must be written and specific, and the objector must serve a notice of hearing within 90 days of filing — or the objection is abandoned under Florida Probate Rule 5.400.
The official text
This page is a plain-English summary, verified against the Florida Probate Rules (2026) — it is not the statute, and it isn't legal advice for your situation.
Read Rule 5.400
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