What to Do When Someone Dies in Florida: A Legal and Probate Checklist

Introduction: What to Do When Someone Dies in Florida

Losing a loved one is painful. But amid the grief, there’s also a practical reality: someone has to handle the legal, financial, and logistical aftermath. If you’re wondering what to do when someone dies in Florida, this guide is for you. It covers every step of the Florida probate checklist, helping you manage estate matters the right way.

Whether you’re a spouse, adult child, friend, or appointed personal representative, these steps outline what to do, when to do it, and when to call a trusted Florida probate attorney for help. Failing to act quickly—or acting without understanding Florida law—can lead to delays, lost assets, and serious legal issues.

Every estate in Florida has unique elements: homestead property, digital accounts, trusts, business ownership, or out-of-state assets. These complexities make it critical to follow a comprehensive Florida Probate Checklist and avoid the pitfalls that often trap well-meaning families. Timing also matters.

Florida law imposes strict deadlines for filing probate, notifying creditors, and initiating the distribution process. A qualified Florida estate administration lawyer can guide you through each step—from locating the will to filing closing documents with the probate court.

This resource equips you with everything you need to know after a death in Florida: what to do first, who to notify, what documents to gather, and how to ensure the estate is properly administered. With the right legal help, you can protect your loved one’s legacy and avoid unnecessary conflict or expense.

Phase 1: Immediate Tasks – First 24 to 72 Hours

1. Officially Confirm the Death

If your loved one passed at home, contact emergency services.
If in hospice or hospital care, staff will provide the legal death certificate.

2. Arrange for Transportation and Funeral Services

Choose a funeral home.
Notify family and clergy.
Confirm any prepaid arrangements or last wishes.

3. Secure the Home and Property

Lock doors and windows.
Remove valuables and medications.
Secure vehicles and storage units.

4. Notify Close Family

Personally notify siblings, adult children, and key contacts before public announcements.

Phase 2: Document Gathering – The Foundation of the Florida Probate Checklist

This phase is where a Florida estate administration lawyer can begin supporting you. Start assembling:

Multiple original death certificates (10–15 recommended)
The original will and/or trust
Marriage and divorce records
Titles to real property and vehicles
Financial account statements (bank, investment, retirement)
Life insurance policies and annuity statements
Utility bills and mortgage records
Safe deposit box keys and digital account info
Copies of the decedent’s Social Security card and driver’s license

A solid Florida probate checklist begins with full transparency about the decedent’s assets and liabilities. Without this, probate cannot proceed efficiently.

Phase 3: Notification of Parties and Institutions

Here’s a practical checklist of who to notify immediately:

1. Government Agencies

Social Security Administration: Prevent overpayment, apply for survivor benefits
Veterans Affairs (if applicable)
IRS (eventually, for final tax return)

2. Financial Institutions

Banks and credit unions
Investment brokers and financial advisors
Credit card companies

3. Insurance Providers

Life insurance companies (file claims)
Auto, home, health, and long-term care insurers

4. Credit Bureaus

Notify TransUnion, Equifax, and Experian to flag the death and prevent identity theft

5. Employers and Pensions

Notify HR departments for any last paycheck, pensions, or 401(k) transfers

Each of these steps should be documented, and copies kept in your estate file.

Phase 4: Understanding the Florida Probate Process

Once the will is located and all major documents are gathered, it’s time to understand the legal process in Florida.

What Is Probate in Florida?

Probate is the court-supervised process for identifying assets, paying debts, and distributing property. In Florida, probate is mandatory unless all assets were held in a trust or titled with survivorship or beneficiary designations.

A skilled Florida probate attorney can tell you whether probate is required and which type fits your situation.

Three Types of Florida Probate

Disposition Without Administration – Only for very small estates used to reimburse funeral and final expenses.
Summary Administration – For estates under $75,000 or when the decedent has been dead for more than two years.
Formal Administration – Standard process for most estates over $75,000.

What Happens During Probate?

File the will with the court
Petition for appointment of a personal representative
Inventory assets
Notify creditors
Pay debts and taxes
Distribute assets to beneficiaries

Phase 5: Appointing a Personal Representative

The will usually names a personal representative (executor). If not, Florida Statutes designate the order of preference—starting with the spouse, then children, and so on.

Responsibilities include:

Filing all court documents
Paying valid debts
Managing real estate
Communicating with heirs
Disbursing remaining property

A Florida estate administration lawyer helps personal representatives avoid costly mistakes. Without legal guidance, the PR may become personally liable for errors, delays, or disputes.

Phase 6: Handling Debts and Creditors

Creditors are notified through a legal process, including publication in a local newspaper. They have 90 days to file claims.

Steps to take:

List all known debts (mortgages, taxes, loans)
Publish “Notice to Creditors” in accordance with Florida law
Approve or deny claims
Pay approved debts in proper order

Important: Do not distribute assets until debts are settled. The estate—not the heirs—is responsible for debts, but premature distributions can create legal headaches.

Phase 7: Managing Real Estate and Personal Property

1. Determine Property Status

Is it homestead?
Jointly owned or solely titled?
Part of a trust?

2. Maintain the Property

Pay utilities, taxes, mortgage
Insure against damage or liability

3. Sell or Transfer Assets

Deeds may require court approval
Heirs must sometimes sign waivers
Any disputes may trigger litigation

A Florida probate attorney is critical when selling or transferring real estate, especially if multiple heirs or out-of-state property is involved.

Phase 8: Filing the Final Tax Return

The decedent’s final individual income tax return must be filed for the year of death. In addition:

File Form 1041 if the estate earns income
Review potential estate tax filings (rare unless estate >$13 million in 2025)
Close the IRS and Florida Department of Revenue accounts

Failing to file taxes properly can delay probate closure.

Phase 9: Distribute the Estate

After court approval, debts paid, and assets marshaled, the personal representative can distribute remaining property:

Bank accounts
Real estate
Vehicles
Personal effects
Trust distributions (if applicable)

A Florida probate checklist should always end with a final accounting, showing all distributions and receipts. The court may require signed receipts from heirs and beneficiaries.

Why You Need a Florida Probate Attorney

Trying to manage probate alone—especially formal administration—is risky. Here’s what a Florida probate attorney does:

Files all court documents on your behalf
Ensures compliance with Florida probate laws
Helps resolve creditor claims
Guides you in homestead and elective share issues
Prevents improper distributions or tax mistakes
Handles disputes between heirs
Speeds up asset transfers and probate closure

In short, they turn confusion into clarity. If you want the estate handled efficiently and correctly, a Florida estate administration lawyer is indispensable.

What Happens If There Is No Will in Florida?

When someone dies intestate (without a will), Florida law steps in to determine who receives what. The Florida probate checklist becomes more complicated without instructions from the decedent.

Florida Intestate Succession Laws

Here’s how assets are distributed under Fla. Stat. § 732.102–732.108:

If the decedent is survived by a spouse and no children, the spouse gets everything.
If survived by a spouse and mutual children, the spouse also inherits everything.
If the decedent had children from another relationship, the spouse receives half, and the children split the other half.
If there is no spouse, children inherit in equal shares.
If no children or spouse, assets go to parents, then siblings, and so on.

The lack of a will may create tension between heirs, delay probate, and open the door to disputes. A Florida estate administration lawyer can help you navigate the process, especially when blended families or estranged relatives are involved.

Ancillary Probate in Florida – Out-of-State Property

A unique concern in Florida probate arises when the decedent owned property in another state—or if a non-resident died owning property in Florida.

What Is Ancillary Probate?

Ancillary probate is a secondary probate proceeding required when:

A Florida resident owns real estate in another state, or
A non-resident owns real estate or tangible property in Florida

Example: A New Yorker who owns a condo in Miami must have probate opened in New York (primary) and Florida (ancillary).

A skilled Florida probate attorney can initiate ancillary probate and ensure the local property is legally transferred or sold without violating Florida law.

Business Ownership and Probate in Florida

When someone dies and owned a business, it can complicate the entire probate timeline. This is often overlooked in the standard Florida probate checklist.

Sole Proprietorships

Business assets are included in probate
No legal separation between the business and decedent
Income stops immediately, and the estate must settle debts

LLCs and Corporations

Membership interest may pass via the will, trust, or operating agreement
Remaining owners may have right of first refusal
Business continuation plans matter

Without planning, business operations can be frozen. A Florida estate administration lawyer can evaluate ownership structure, help value the business, and work with co-owners to avoid shutdowns or lawsuits.

Florida Homestead and Probate

Florida’s homestead laws are uniquely protective—but they’re also legally complex. Understanding whether a residence qualifies for protection is essential in what to do when someone dies in Florida.

What Qualifies as Homestead?

Decedent’s permanent primary residence in Florida
Owned in the decedent’s name individually or with spouse
Cannot be a second home, rental, or commercial use

Homestead Protections in Probate

Exempt from forced sale to pay most debts
Passes outside probate to spouse or minor children
Cannot be devised if there is a surviving minor child

A Florida probate attorney will help determine if the property is protected and whether a petition to determine homestead status is required.

Digital Assets and Probate

Digital assets are now part of most modern estates—and they’re often missed during administration.

What Counts as a Digital Asset?

Email accounts
Online banking and crypto wallets
Subscription services
Social media profiles
Cloud storage and digital photos
NFTs and virtual assets

Many platforms have legacy access features (e.g., Facebook’s legacy contact or Google’s Inactive Account Manager), but probate courts may still need to authorize access. A Florida estate administration lawyer can help petition the court under Florida’s version of the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA).

Probate Litigation and Contested Estates

Sometimes, even the most detailed estate plan can lead to disputes. Litigation can delay probate, drain estate value, and cause family damage.

Common Disputes Include:

Will contests (due to undue influence, lack of capacity, or fraud)
Accusations of theft by the personal representative
Claims from omitted children or surviving spouses
Disputes over homestead or elective share
Beneficiaries objecting to how the estate is handled

A Florida probate attorney experienced in estate litigation is essential when any part of the probate becomes contested. They can represent either the personal representative or a disputing beneficiary.

Charitable Bequests and Complex Beneficiary Designations

Another situation often overlooked on a basic Florida probate checklist involves charitable gifts or unusual beneficiaries (e.g., non-citizens, stepchildren not legally adopted, or minors).

Key Issues:

Charities may require formal court orders to release funds
Minors cannot legally receive property outright without a trust or court-ordered guardianship
International beneficiaries may face legal or logistical delays

A Florida estate administration lawyer can resolve these issues in advance or respond to them promptly if they arise during probate.

Closing the Florida Probate Estate

Final Accounting and Petitions

Before an estate can be closed, the personal representative must submit:

A final accounting detailing all assets, expenses, distributions
A petition for discharge requesting the court to formally close the estate
Receipts from all beneficiaries acknowledging they received their inheritance

The court then issues an Order of Discharge, releasing the personal representative from further duty and closing the estate officially.

A Florida probate attorney will draft these pleadings, obtain the required consents, and schedule any necessary hearings.

Avoiding Probate with Proper Estate Planning

Not every estate must go through probate. A properly prepared estate plan can eliminate or significantly reduce the need for it.

Tools That Bypass Probate:

Revocable living trusts
Pay-on-death (POD) or transfer-on-death (TOD) designations
Joint tenancy with right of survivorship
Enhanced life estate deeds (Lady Bird deeds)
Pre-need guardianship declarations
Homestead protections

A Florida probate checklist for the living—yes, the living—should include consulting a Florida probate attorney to build a plan that avoids probate entirely or limits it to a small summary process.

Costs of Probate in Florida

Typical Costs Include:

Court filing fees ($250–$400)
Newspaper publication fees (required by law)
Attorney’s fees (flat rate, hourly, or percentage)
Personal representative compensation
Appraisal fees for real estate and collectibles
CPA/tax preparation costs

Without good planning, legal fees and taxes can erode up to 5–10% of the estate’s value. That’s why engaging a Florida estate administration lawyer early can reduce costs, eliminate duplication, and avoid litigation altogether.

When to Call a Florida Probate Attorney

Still not sure what to do when someone dies in Florida? That’s exactly when to pick up the phone.

Call a Florida probate attorney if:

There’s a will or trust that needs interpretation
There are disputes between heirs
You’re not sure whether probate is required
You were named personal representative and don’t know what to do
The estate includes real estate, business interests, or large retirement accounts
You suspect someone is abusing their power of attorney or mishandling the estate

The earlier you involve counsel, the smoother the process goes—and the less it costs overall.

Common Mistakes When Someone Dies in Florida

Not locating or filing the will
Ignoring small assets that still require probate
Assuming joint accounts avoid probate without reviewing titling
Forgetting to cancel utilities, credit cards, or insurance policies
Failing to publish a Notice to Creditors
Distributing assets too early
Not hiring a Florida probate attorney early enough

Florida Probate Checklist (Summary)

✅ Confirm legal death and secure property
✅ Arrange funeral and memorial
✅ Gather vital documents and the will
✅ Notify Social Security, insurers, financial institutions
✅ File the will with the court
✅ Determine whether probate is required
✅ Identify assets and debts
✅ Notify creditors and publish required notices
✅ Pay valid claims and taxes
✅ Distribute the estate to heirs
✅ Close the estate with the court

FAQs – What to Do When Someone Dies in Florida

Q: Do all estates go through probate in Florida?
A: No. Assets held in trust, jointly titled with survivorship, or with named beneficiaries often bypass probate.

Q: How long does Florida probate take?
A: Summary administration can take 2–4 months. Formal administration may take 6–12 months or longer.

Q: What does a Florida probate attorney charge?
A: Many attorneys charge based on a percentage of the estate, hourly fees, or flat rates. Most offer consultations.

Q: Can I be held personally responsible as executor?
A: Yes, if you distribute assets improperly, fail to pay taxes, or mishandle funds. That’s why working with a Florida estate administration lawyer is key.

Q: Is probate public in Florida?
A: Yes. Filings are part of public record unless handled through a trust.

Talk to a Florida Probate Attorney Today

Now that you know what to do when someone dies in Florida, take the next step: speak with a trusted Florida probate attorney. At Lorenzo Law, we help families navigate the legal system with clarity, speed, and compassion. We’re here to protect your interests—and your loved one’s legacy.

📞 Call today for a free consultation with a Florida estate administration lawyer.