What to Do When Someone Dies in Florida: The 2026 Checklist

What to do when someone dies in Florida: in the first 24 hours you only need to do three things — get the death pronounced, choose a funeral home, and secure the house. Florida imposes exactly one hard deadline in the first two weeks: the person holding the will must deposit it with the clerk of court within 10 days of learning of the death. Fla. Stat. § 732.901(1).

Everything else can wait until you have slept. This page is the full Florida checklist — the first hour, the first week, the first month, what not to touch yet, and how to tell whether the estate needs probate at all. Every figure below reflects the law as amended on 1 July 2026.

What to do in the first hour after someone dies in Florida

In the first hour, get the death legally pronounced and stop. If the death was expected and under hospice care, call the hospice line — not 911. If it was unexpected, call 911. Nothing else on this page has a deadline today, and no document you sign in the next hour will help.

1. If the death was expected and hospice was involved — call the hospice number. A hospice nurse can pronounce death and will handle the paperwork with the funeral home. Do not call 911; it triggers a resuscitation attempt and, in some counties, a medical examiner referral.
2. If the death was unexpected, or happened at home without hospice — call 911. Law enforcement and the medical examiner will attend. This is routine and does not mean anyone is suspected of anything.
3. If the death happened in a hospital or nursing home — the facility pronounces and notifies the physician. You will be asked to name a funeral home, and you are allowed to say you need time.
4. If the person was an organ donor — the recovery organization must be contacted within hours. The hospital normally initiates this. Tissue donation windows close quickly.
5. Find the pets. This is the item families forget and later regret.

You do not need the will in the first hour. You do not need a lawyer in the first hour. You do not need to tell the bank anything in the first hour.

What to do in the first 24 hours

Within 24 hours, choose a funeral home or cremation provider, secure the decedent’s home and vehicle, and tell the immediate family. The funeral director will order the certified death certificates for you and will report the death to the Social Security Administration — two tasks you do not have to do yourself.

Choose a funeral home or cremation provider

The provider transports the body, files the death record with the county, orders your certified copies, and normally notifies Social Security. Ask three questions before you sign: the total price in writing, how many certified death certificates they will order, and whether the price includes filing the death record. Florida providers must give you a written itemized price list on request.

If the decedent left written funeral instructions or a pre-need contract, those govern. If they did not, Fla. Stat. § 497.005(43) sets the order of who has authority to decide — spouse first, then the majority of adult children, then parents, then adult siblings.

Secure the home, the car, and the mail

• Lock the house. Change the code on any keypad the decedent shared with aides, contractors, or a former partner.
• Remove cash, jewelry, firearms, prescription medication, and loose paperwork to one secured place.
• Photograph the interior of every room before anyone visits. If a dispute arises months from now about what was in the house, these photographs are the only evidence that will exist.
• Keep homeowner’s insurance in force and tell the insurer the property is now vacant. A vacancy clause can void coverage after 30 to 60 days without notice.
• Forward the mail, or at minimum collect it weekly. Mail is where you will discover accounts, creditors, and policies nobody knew about.
• Do not drive the decedent’s car for personal use. Title has not passed, and the insurer may decline a claim.

What to do in the first week: the will, the documents, and the notifications

The first week has one legal obligation and one practical task. The obligation: whoever holds the original will must deposit it with the clerk within 10 days. The task: gather documents. Everything else — banks, creditors, the DMV, the house — waits until someone has legal authority, which nobody has yet.

How long do I have to file the will with the court in Florida?

Ten days. Under Fla. Stat. § 732.901(1), the custodian of a will must deposit it with the clerk of the court having venue over the estate within 10 days after receiving information that the testator has died. The custodian must also supply the date of death or the last four digits of the decedent’s Social Security number.

Three points almost every other page gets wrong:

• Depositing the will is not opening probate. It is a filing obligation, separate from any petition. You can deposit a will and never open an estate.
• The 10 days run from when you learned of the death, not from the date of death. If the will surfaces in a drawer three months later, your 10 days start then.
• The clerk must preserve the original for at least 20 years — not “permanently,” as is often claimed. § 732.901(4).

A custodian who refuses can be compelled to produce the will, and the court may assess costs and attorney’s fees against them personally. § 732.901(3).

What documents do I need after a death in Florida?

Collect these into one folder. You will hand roughly half of it to a lawyer or the clerk, and the other half decides whether probate is needed at all.

• Certified death certificates — with and without cause of death (see below)
• The original will and any codicils; any trust agreement and amendments
• Deeds for every parcel of real estate, and the most recent property tax bill showing homestead status
• Bank and brokerage statements — the most recent one for each account
• Life insurance policies, annuity contracts, and the most recent beneficiary designation for each
• Retirement plan statements: IRA, 401(k), 403(b), pension, TSP
• Vehicle, boat, and trailer titles
• The last two years of federal income tax returns
• Mortgage statements, HOA or condominium account statements, credit card statements, medical bills
• Marriage certificate; divorce judgment and any marital settlement agreement; prenuptial agreement
• Military discharge papers (DD-214) — these unlock VA burial benefits
• A written list of every heir and beneficiary with current address, and the ages of any minors

Who do I need to notify after someone dies?

• Social Security — normally reported by the funeral director. Confirm it happened. A death generally cannot be reported online; call 1-800-772-1213.
• The three credit bureaus — Equifax, Experian, TransUnion. Send a certified death certificate and ask for a deceased flag. This is the single most effective step against posthumous identity theft.
• Medicare, the VA, and any pension administrator
• Life insurers and annuity carriers — a named beneficiary can claim directly, without probate
• The employer — final wages, unused leave, group life, and any 401(k) match
• Homeowner’s and auto insurers — coverage, not cancellation
• Utilities, subscriptions, and autopay — but see the warning below before closing anything

What should I not do yet? The mistakes that cost families the most

Almost every expensive problem in Florida probate comes from something a family member did in the first month with good intentions and no authority. Until a court issues letters of administration, nobody has the legal power to move estate assets — and acting anyway creates personal liability.

• Do not distribute anything. Not the jewelry, not the furniture, not “the thing she promised me.” Creditors are paid before beneficiaries. If you hand out assets and a claim lands later, you can be ordered to pay it back out of your own money.
• Do not pay the decedent’s debts from your own funds. You are almost certainly not liable for them. Paying voluntarily can be treated as assuming the debt, and it moves an unsecured creditor ahead of the statutory priority order in Fla. Stat. § 733.707.
• Do not use the decedent’s debit card, ATM card, or online banking — not even for the funeral. Authority under a power of attorney ends at the moment of death. Continuing to use it after death is, at minimum, a problem; at worst it is a crime.
• Do not sign a deed transferring the house. A quitclaim deed signed by heirs before probate frequently creates an unmarketable title that costs more to fix than probate would have cost.
• Do not sell the car. Florida title does not pass by beneficiary designation, and a buyer cannot register a vehicle on a signature from someone with no authority.
• Do not close the decedent’s bank account, even a joint one, before you know whether the estate needs it. Closing destroys the transaction history that proves what was in the estate.
• Do not cancel the homeowner’s policy to save money. An uninsured house that floods is a catastrophe the estate absorbs.
• Do not throw away paperwork for at least a year, including junk mail. Statements you discard are accounts you will never find.
• Do not agree to be personal representative before you understand the job. It is a fiduciary role with personal exposure, not an honor.

How do I get a Florida death certificate, and how many do I need?

Order 8 to 12 certified copies. Florida issues two versions: one with cause of death and one without, and they go to different people under Fla. Stat. § 382.008(6). The funeral director normally orders the first batch. The current state fee is $5 for the first copy and $4 for each additional copy, plus $10 for expedited service.

Version	Who may obtain it	What it is used for
Without cause of death	Any person aged 18 or over. It is a public record.	Banks, DMV, utilities, credit bureaus, most account closures
With cause of death	Spouse; parent; child, grandchild, or sibling of legal age; a person showing a documented interest in the estate; a government agency; or anyone by court order	Life insurance claims, some pension and annuity claims, accidental death riders, litigation

The cause-of-death portion stays confidential for 50 years from the date of death, after which the full certificate becomes a public record. Fla. Stat. § 382.025(1).

A practical shortcut nobody publishes: the state Bureau of Vital Statistics in Jacksonville takes 3 to 5 business days plus shipping. Your county health department can usually print certified copies the same day or the next day, over the counter. If you need a certificate this week, go to the county. Order forms and county locations are on the Florida Department of Health site.

Is there a “reading of the will” in Florida?

No. There is no reading of the will in Florida. Nothing in Chapter 732 of the Florida Statutes or the Florida Probate Rules requires, schedules, or contemplates a gathering where a lawyer reads a will aloud to the family. It is a device from films and Victorian novels, not Florida law.

What actually happens: the will is deposited with the clerk, where it becomes a public court record. Once an estate is opened, the personal representative serves a notice of administration on the surviving spouse, the beneficiaries, and anyone entitled to exempt property or a family allowance. Fla. Prob. R. 5.240. Beneficiaries are entitled to a copy of the will — but by service and by public record, not by ceremony.

If a family member is telling you that you must wait for “the reading” before you can act, they are mistaken, and the 10-day clock in § 732.901 is running.

Do you even need probate in Florida?

Often, no. Probate is only required for assets the decedent owned in their own name alone with no surviving co-owner and no named beneficiary. Jointly titled property, payable-on-death accounts, life insurance with a living beneficiary, and assets in a funded revocable trust all pass outside probate. If nothing was held in the decedent’s sole name, there may be nothing to probate at all.

Work through the assets in this order:

1. Was it jointly owned with right of survivorship, or as tenants by the entirety? It passes to the survivor by operation of law. See right of survivorship in Florida.
2. Did it have a named beneficiary? Life insurance, annuities, IRAs, 401(k)s, POD bank accounts, and TOD brokerage accounts pass directly to the beneficiary.
3. Was it titled in a revocable trust? The trustee distributes it under the trust; no probate.
4. Was the house homestead passing to a spouse or descendants? Homestead is treated differently — see below.
5. Whatever is left in the sole name, with no beneficiary — that is the probate estate, and its size decides which of the four tracks below applies.

Our page on Florida non-probate assets works through each category, and when probate is not necessary covers the edge cases.

The four Florida probate tracks and the 2026 dollar limits

Track	Limit (from 1 July 2026)	Typical duration	Authority
Disposition without administration — reimburses whoever paid the final expenses; no personal representative appointed	Non-exempt personal property worth no more than $20,000, and not more than the final funeral and medical expenses	2–4 weeks	Fla. Stat. § 735.304(1); Fla. Prob. R. 5.425
Summary administration — a court order transferring assets, no ongoing administration	Non-exempt estate worth $150,000 or less, or the death occurred more than 2 years ago	1–3 months	Fla. Stat. § 735.201(2); Fla. Prob. R. 5.530
Formal administration — a personal representative is appointed and administers the estate	No limit; required above the summary threshold or where the estate must sue, be sued, or manage assets	6–12 months, longer if contested	Fla. Stat. ch. 733
Ancillary administration — for a non-resident who owned Florida property	No limit	Runs alongside the home-state estate	Fla. Stat. § 734.102

More detail on each: summary administration in Florida, how the formal probate process works, and Florida ancillary probate.

What changed in Florida probate law in 2026?

Four statutory dollar thresholds rose on 1 July 2026, and the Florida Supreme Court amended the probate rules to match. If you are reading a page that still says the summary administration limit is $75,000, that page has not been updated since June 2026.

Statute	Before 1 July 2026	Now
§ 735.201(2) — summary administration ceiling	$75,000	$150,000
§ 735.304(1) — disposition without administration	$10,000	$20,000
§ 735.303 — payment of small accounts to family	$1,000	$2,000
§ 735.302(1) — federal tax refunds without administration	$2,500	$5,000

The change was made by Ch. 2026-57, Laws of Florida (CS/HB 1337; Senate companion CS/SB 1500), approved 30 April 2026. The Florida Supreme Court conformed the rules in In re Amendments to the Florida Probate Rules, SC2026-0690 (16 July 2026), raising Fla. Prob. R. 5.530 to $150,000 and Fla. Prob. R. 5.425 to $20,000.

Does the new $150,000 limit apply if the death was before 1 July 2026?

That question is not settled, and you should be skeptical of anyone who tells you otherwise. Ch. 2026-57 contains no applicability, savings, or retroactivity clause — section 14 says only that the act takes effect 1 July 2026. Florida practitioners are publishing directly opposing answers.

• One reading: eligibility under § 735.201 is assessed when the court rules on the petition, so any petition filed on or after 1 July 2026 gets the $150,000 ceiling regardless of the date of death.
• The other reading: the new ceiling applies only to decedents dying on or after 1 July 2026, and earlier deaths remain capped at $75,000.

No Florida appellate court has decided it. Practically, the dispute matters only for estates between $75,000 and $150,000 where the death occurred within the last two years — because § 735.201(2)’s second prong already allows summary administration for any death more than two years ago, whatever the value. If your estate sits in that window, the answer may depend on which judge is assigned, and that is worth thirty minutes with a lawyer before you file.

Florida Probate Rule amendments in 2025 and 2026

• SC2024-1057, effective 27 February 2025 — amended Fla. Prob. R. 5.240 and 5.241. A written demand under the Florida Uniform Disposition of Community Property Rights at Death Act must now be filed with the clerk and comply with § 732.2211. The rule confirms the personal representative has no duty to discover community property absent a written demand.
• SC2026-0690, effective 16 July 2026 — conformed R. 5.530 and R. 5.425 to the new dollar limits, and added proceedings to enforce a personal representative’s authority under § 733.612 to the list of adversary proceedings in R. 5.025.
• SC2025-1462 and SC2025-1478, both effective 1 October 2026 — R. 5.122 now requires a curator’s letters to specify the curator’s powers, and roughly 45 rules were amended to conform to the retitling of Fla. R. Gen. Prac. & Jud. Admin. 2.516 as “Service” and 2.525 as “Filing.” That last item is a naming change, not a substantive change to e-filing obligations.

Who inherits if there is no will in Florida?

If someone dies without a will in Florida, the estate passes under the intestate succession statute, Fla. Stat. § 732.102. The surviving spouse takes the entire intestate estate only where every one of the decedent’s descendants is also the spouse’s descendant and the spouse has no other descendants. Blended families split the estate in half.

Family situation	Surviving spouse receives	Descendants receive
No surviving descendants	The entire intestate estate	—
All descendants are of both spouses, and the spouse has no other descendants	The entire intestate estate	—
The decedent has a descendant who is not the surviving spouse’s	One half	One half, per stirpes
The surviving spouse has a descendant who is not the decedent’s	One half	One half, per stirpes
No surviving spouse	—	Everything, per stirpes

A correction worth making loudly: a great many Florida websites still say the surviving spouse receives “the first $60,000 plus one half.” That has not been the law since 2011. The dollar figure was removed from § 732.102 by ch. 2011-183, § 2, and the current statute contains no dollar amount anywhere. If a page tells you otherwise, it has not been touched in over a decade.

If there is no spouse and no descendant, § 732.103 runs the estate to parents, then to siblings and their descendants, then splits it between paternal and maternal kindred, and finally to the kindred of the last deceased spouse.

Can a surviving spouse be cut out of a Florida will?

Not entirely. A surviving spouse may elect to take 30% of the elective estate instead of what the will leaves them. Fla. Stat. § 732.2065. The election must be made by the earlier of six months after the notice of administration is served on the spouse, or two years after the date of death. § 732.2135.

The commonly missed point is which estate the 30% applies to. It is the elective estate under § 732.2035 — not the probate estate. It reaches into revocable trusts, payable-on-death and transfer-on-death accounts, joint accounts, certain retirement benefits, and some transfers made during life. An estate that looks empty on the probate side can still owe a substantial elective share. See the Florida elective share and surviving spouse rights in Florida.

What happens to the house when someone dies in Florida?

If the house was the decedent’s homestead and they left a surviving spouse or a minor child, the constitution controls where it goes — not the will. Article X, section 4 of the Florida Constitution makes homestead non-devisable in that situation, and Fla. Stat. § 732.401 sets the default: the spouse takes a life estate and the descendants take a vested remainder.

The surviving spouse has an alternative. Under § 732.401(2), they may elect instead to take an undivided one-half interest as a tenant in common, with the other half vesting in the decedent’s descendants per stirpes. That election is doubly conditioned:

• It must be made within 6 months of the date of death — measured from death, not from service of anything.
• It must be made during the surviving spouse’s lifetime.

Miss either condition and the default life estate is permanent. A life tenant is responsible for taxes, insurance, and maintenance on a house they cannot sell without every remainderman joining — which is why the six-month election is one of the most consequential deadlines in Florida probate and one of the least publicized.

Three further points:

• The constitutional homestead protection is limited by area — half an acre inside a municipality, 160 acres outside one — and not by value. Art. X, § 4(a)(1).
• Putting the homestead into a revocable trust does not escape the devise restriction. § 732.4015(2)(b).
• Homestead that passes to a spouse or heirs is generally protected from the decedent’s creditors, which is why it is often the most valuable thing in the estate and the most litigated.

Detail: Florida homestead and probate, and selling a house during probate.

Does Florida have a transfer-on-death deed?

No. Florida has not enacted the Uniform Real Property Transfer on Death Act, and no Florida statute authorizes a beneficiary or transfer-on-death deed for real estate. The chapter that causes the confusion — Fla. Stat. ch. 711 — is the Uniform Transfer-on-Death Security Registration Act, and it governs securities and security accounts only.

The Florida workaround is the lady bird deed, also called an enhanced life estate deed. It is worth being honest about what it is: it rests on Florida case law and title industry practice rather than an enabling statute. It works, and it is widely accepted by title insurers, but it is not “in the statutes.”

What happens to the bank accounts, the car, and the credit cards?

Banks restrict a sole-name account once they learn of the death, and release funds only to a personal representative with letters of administration or a beneficiary named on the account. A joint account with right of survivorship passes to the survivor. A payable-on-death account passes to the named payee. Nobody’s authority under a power of attorney survives the death.

Are bank accounts frozen when someone dies in Florida?

Effectively yes, for a sole-name account. The bank will not honor checks or cards on a deceased customer’s individual account. It is not a punishment; the bank is protecting itself against paying the wrong person. Access is restored by letters of administration, by an order of summary administration, or — for accounts under $2,000 with no personal representative appointed — by the small-account procedure in Fla. Stat. § 735.303.

Full detail, including what a joint account holder can and cannot do: what happens to a bank account when someone dies in Florida.

How do I transfer the car title after death in Florida?

Florida does not permit a transfer-on-death designation on a motor vehicle title. Neither Fla. Stat. § 319.22 nor § 319.28 contains any such provision — a point worth stating plainly, because many people arrive assuming Florida works like the states that do allow it. Title passes through the estate, or through the § 319.28 procedure using a certified death certificate and, where required, the appropriate probate documents. See selling a car in Florida after someone dies.

Why do the credit bureaus still show them as alive, and how do I fix it?

Because nobody told them. Social Security’s death file reaches the bureaus eventually, but “eventually” is long enough for a deceased person’s identity to be used to open new credit. Send a certified death certificate, a copy of your own identification, and proof of your authority to each of Equifax, Experian, and TransUnion, and request a deceased indicator and a block on new applications. Then pull the credit report — it is often the fastest way to find accounts and creditors the family never knew existed.

Am I responsible for the debts? Creditor claims and deadlines

You are generally not personally responsible for a deceased relative’s debts. Debts are paid from the estate, in the statutory priority order in Fla. Stat. § 733.707, and if the estate runs out, the lower-priority creditors go unpaid. The exceptions are debts you co-signed, joint accounts, and certain obligations a spouse may share.

How long do creditors have to file a claim in Florida?

A creditor must file within the later of three months after the first publication of the notice to creditors, or 30 days after being served with a copy of that notice. Fla. Stat. § 733.702(1). Note the anchor: three months from first publication, not three months from the date of death. Many websites state that incorrectly.

Behind that sits an absolute outer limit. Under § 733.710(1), two years after the death neither the estate, the personal representative, nor the beneficiaries are liable on any claim against the decedent. This is a statute of repose, not a limitations period — the court cannot extend it, and no excuse revives a claim that misses it.

One trap for personal representatives: a reasonably ascertainable creditor who was never served is not bound by the three-month bar. Jones v. Golden, 176 So. 3d 242 (Fla. 2015), imposes a duty of diligent search for such creditors. Publishing notice and hoping is not enough, and a personal representative who skips the search can be personally exposed. See Florida probate creditors and do you inherit debt in Florida.

Who pays the mortgage, the HOA, and the utilities during probate?

The estate does, from estate funds, once a personal representative is appointed. Before then, someone in the family usually pays to stop a foreclosure or a lien — keep every receipt, because those advances are reimbursable as an administration expense. A mortgage is not extinguished by death; it stays attached to the property, and the lender can foreclose if payments stop. HOA and condominium assessments keep accruing against the unit throughout probate.

Does Florida have an inheritance tax or estate tax?

No, on both counts. Florida has never imposed an inheritance tax, and its estate tax was tied entirely to the federal state death tax credit, which was eliminated after 31 December 2004. A Florida estate tax return is required only for decedents who died on or before that date.

Two things that still catch families out:

• Forms DR-312 and DR-313 are still often required. Title companies routinely demand one to clear Florida’s estate tax lien before a sale or refinance. They are filed with the clerk of court in the county where the property is located — not with the Department of Revenue. Families discover this at a closing table.
• The federal estate tax exemption did not fall in 2026. The One Big Beautiful Bill Act (Pub. L. 119-21, July 2025) replaced the scheduled TCJA sunset with a permanent, indexed exclusion. Per Rev. Proc. 2025-32, the basic exclusion amount for a 2026 death is $15,000,000 per person, and the annual gift exclusion is $19,000. Any page still running “use it or lose it before the 2026 sunset” urgency is out of date.

The estate will still need a final Form 1040 for the year of death, and Form 1041 for estate income if the estate earns more than $600. More: Florida inheritance tax.

Social Security, the $255 death benefit, and the month-of-death rule

Social Security pays a one-time $255 lump-sum death payment to a surviving spouse who was living with the deceased, or to an eligible child. You must apply within two years of the death. The funeral director normally reports the death; a death generally cannot be reported online, so confirm it by calling 1-800-772-1213.

The benefit for the month of death must be returned. This surprises nearly everyone. Social Security pays in arrears, so the payment that arrives during the month of death is for the previous month and is kept. The benefit for the month in which the person died is not payable at all, because a beneficiary must live the entire month to be entitled to it. If it was deposited, the bank will reclaim it — do not spend it. Form SSA-1724 is used to claim any underpayment that is owed the other way.

I live out of state — can I still be the personal representative in Florida?

Sometimes. Florida restricts non-resident personal representatives. Under Fla. Stat. § 733.304, a person who is not a Florida resident can serve only if they are a spouse, a lineal ascendant or descendant, a sibling, an aunt, uncle, niece or nephew of the decedent, or the spouse of one of those. A close friend, a business partner, or a stepchild who lives in another state cannot qualify.

If you do qualify, you do not need to travel. Florida probate is filed electronically, hearings are frequently held remotely, and a Florida lawyer appears for the estate. If you do not qualify, the will’s alternate serves, or the statutory preference order in § 733.301 applies. See out-of-state executor in Florida and how to become a personal representative.

A related situation, and a common one: the decedent lived in another state but owned a Florida condominium or a piece of Florida land. That requires ancillary administration in Florida alongside the home-state estate.

Myth vs. reality: what people believe about Florida probate

Myth	Reality
“There will be a reading of the will.”	There is no reading of the will in Florida. Nothing in ch. 732 or the Florida Probate Rules provides for one. The will is deposited with the clerk and becomes a public record.
“Having a will means we avoid probate.”	A will is the instruction manual for probate. It does not avoid it. Only non-probate transfers — joint title, beneficiary designations, a funded trust — avoid probate.
“The state takes everything if there’s no will.”	Escheat is close to a last resort under § 732.103. The statute runs through descendants, parents, siblings, and both sides of the extended family first.
“The summary administration limit is $75,000.”	It is $150,000 as of 1 July 2026. § 735.201(2), as amended by Ch. 2026-57.
“The spouse gets the first $60,000 plus half.”	Repealed in 2011. § 732.102 contains no dollar figure. See the intestacy table above.
“Creditors have three months from the date of death.”	Three months from first publication of the notice to creditors, or 30 days from service, whichever is later. § 733.702(1).
“My power of attorney lets me handle the accounts.”	A power of attorney terminates at death. Using it afterwards is unauthorized.
“We can just sign a quitclaim deed among ourselves.”	Heirs signing a deed before title has legally passed usually creates an unmarketable title. Fixing it costs more than probate.
“Florida has a transfer-on-death deed.”	It does not. Ch. 711 covers securities only. The lady bird deed is the workaround, and it rests on case law, not statute.
“The federal estate tax exemption dropped in 2026.”	The sunset never happened. The 2026 exclusion is $15,000,000 per person. Rev. Proc. 2025-32.
“You have to open probate within 10 days.”	The 10 days apply to depositing the will, not to opening an estate. § 732.901(1).
“Probate is public, so everyone will see the assets.”	Partly true and worth knowing. The file is public. The inventory, however, is served on interested persons rather than filed publicly under Fla. Prob. R. 5.340.

Where do I file? County probate checklists and courthouses

Probate is filed in the circuit court of the county where the decedent was domiciled at death, or — for a non-resident — where their Florida property sits. Fla. Stat. § 733.101. Most circuits publish their own mandatory pre-filing checklists, and the clerk will reject a petition that does not match the local list. Start with your county page below, which carries the courthouse address, the probate division contact, the current filing fees, and links to that circuit’s own checklists.

County	Circuit	County probate checklist and court guide
Miami-Dade	Eleventh Judicial Circuit	Miami-Dade probate court and filing checklist
Broward	Seventeenth Judicial Circuit	Broward County probate court and filing checklist
Palm Beach	Fifteenth Judicial Circuit	Palm Beach County probate court and filing checklist
Hillsborough	Thirteenth Judicial Circuit	Hillsborough County probate court
Pinellas	Sixth Judicial Circuit	Pinellas County probate court
Duval	Fourth Judicial Circuit	Duval County probate court
Lee and Collier	Twentieth Judicial Circuit	Lee and Collier probate court
Sarasota and Manatee	Twelfth Judicial Circuit	Sarasota and Manatee probate court

The circuits also publish their checklists directly: the Eleventh Circuit’s probate checklists and Smart Forms, the Seventeenth Circuit’s probate and guardianship smart forms, and the Fifteenth Circuit’s probate division page, which operates under Administrative Order 6.201 and the OLS online scheduling system. Filing itself is through the statewide Florida Courts E-Filing Portal.

Estates are opened in all 67 Florida counties. For representation, see our Miami probate attorney, Fort Lauderdale probate lawyers, Palm Beach County probate lawyer, Orlando, and Tampa pages.

The complete Florida checklist: what to do when someone dies

Print this. It is the whole sequence in order, with the only real deadlines marked.

Day 1

• Get the death pronounced — hospice line if expected, 911 if not
• Notify immediate family
• Arrange care for pets and any dependents
• Choose a funeral home or cremation provider; ask for the itemized price list
• Lock the house; change shared codes; remove valuables, firearms and medication
• Photograph every room

Week 1

• Deposit the original will with the clerk — 10-day deadline, § 732.901(1)
• Order 8–12 certified death certificates; get both versions
• Confirm Social Security was notified
• Notify the employer; ask about final pay, group life, and the 401(k)
• Notify life insurers and annuity carriers
• Tell the homeowner’s insurer the property is vacant
• Forward the mail
• Gather the document list above into one folder
• Do not distribute, sell, sign, or pay anything

Weeks 2 to 4

• Send certified death certificates to Equifax, Experian and TransUnion; request a deceased flag
• Inventory the assets and identify which are joint, beneficiary-designated, in trust, or sole-name
• Determine which of the four probate tracks applies
• Consult a probate lawyer if the estate exceeds $150,000, owns real estate, has a blended family, or looks contested
• File the petition in the county of domicile; obtain letters of administration or an order of summary administration
• Keep paying the mortgage, HOA and insurance; keep every receipt

Months 2 to 6

• Publish the notice to creditors and serve every reasonably ascertainable creditor — the diligent search matters (Jones v. Golden)
• Serve the notice of administration on the spouse and beneficiaries
• File the inventory — within 60 days of appointment, Fla. Prob. R. 5.340
• Open an estate bank account under the estate’s EIN
• Surviving spouse: the homestead election under § 732.401(2) closes 6 months from death
• Surviving spouse: the elective share election closes at the earlier of 6 months from service of the notice of administration, or 2 years from death
• Objections to the will’s validity, venue, or jurisdiction close 3 months after service of the notice of administration, § 733.212(3)
• File the final Form 1040; obtain the estate EIN and file Form 1041 if needed

Months 6 to 12: closing

• Resolve or object to creditor claims
• Sell or transfer real property; record the necessary instruments; obtain DR-312 or DR-313 if the title company asks
• Prepare the final accounting and the petition for discharge
• Distribute to beneficiaries and obtain receipts
• Obtain the order of discharge — see closing an estate in Florida

When you can handle this yourself, and when you need a probate lawyer

Florida law answers part of this for you. Fla. Prob. R. 5.030 requires a personal representative in a formal administration to be represented by an attorney unless the representative is the sole interested person. Below that line, it is a judgment call — and the honest answer is that many estates do not need us.

You can probably handle it yourself	You should talk to a lawyer	You need a lawyer now
Everything passed by joint title or beneficiary designation, and there is nothing in the sole name	The estate is between $20,000 and $150,000 and may qualify for summary administration	Formal administration is required and you are not the sole interested person — Fla. Prob. R. 5.030 makes counsel mandatory
The only asset is a car and a small bank account, and you are reimbursing final expenses under § 735.304	There is real estate, but it passes cleanly to a spouse with no other descendants	The house is homestead and there is a blended family, or a spouse is weighing the 6-month § 732.401(2) election
You are the sole beneficiary and the sole heir, with no creditors	The death was more than 2 years ago and you want summary administration on the second prong	Anyone has threatened to contest the will, or you suspect undue influence or a missing asset
The decedent’s estate was fully funded into a revocable trust	You are an out-of-state relative and need to know whether you qualify under § 733.304	There are creditors, a mortgage in default, a business interest, or a wrongful death claim

If a dispute is already running — a contested will, a personal representative who will not account, a transfer made shortly before death — that is probate litigation, not administration, and it moves on a different timetable. On cost, see what probate costs in Florida and how long probate takes.

What to bring to the first conversation

• A certified death certificate
• The original will, if one exists
• The county where the decedent lived at death
• A rough list of assets, and whether each was jointly held or had a named beneficiary
• The names, ages and relationships of everyone who might inherit
• Whether anyone has already objected to anything

Frequently asked questions: what to do when someone dies in Florida

What should I do in the first 72 hours after someone dies in Florida?

Get the death pronounced, choose a funeral home, secure the house and vehicle, and notify immediate family. Locate the original will and start the 10-day clock for depositing it with the clerk under § 732.901(1). Do not distribute property, pay debts from your own money, or use the decedent’s accounts.

Is there a deadline to file the will in Florida?

Yes. The custodian of the will must deposit it with the clerk of court within 10 days of receiving information that the testator has died. Fla. Stat. § 732.901(1). The 10 days run from when you learned of the death, and depositing the will is a separate obligation from opening probate.

How long do I have to open probate after a death in Florida?

There is no fixed deadline to open probate, but two years after death Fla. Stat. § 733.710 bars claims against the estate, and creditors of the estate lose their remedy. Waiting also risks foreclosure, lapsed insurance, and lost records. Most estates are opened within two to eight weeks.

What is the summary administration limit in Florida in 2026?

$150,000, raised from $75,000 effective 1 July 2026 by Ch. 2026-57, Laws of Florida. Fla. Stat. § 735.201(2). Summary administration is also available regardless of value where the death occurred more than two years ago.

Can I access my loved one’s bank account to pay for the funeral?

Not on your own authority. A power of attorney ends at death and a sole-name account is restricted. A joint owner or POD payee can access their own interest. Otherwise the route is letters of administration, an order of summary administration, or the small-account procedure under § 735.303 for balances up to $2,000.

What is the difference between an executor and a personal representative?

None in substance. “Personal representative” is the term Florida law uses for the person appointed to administer an estate. “Executor” is the common term used elsewhere and in everyday speech. A Florida will naming an “executor” is given effect; the court simply issues letters to a personal representative.

Does every Florida estate require formal administration?

No. Many estates qualify for summary administration, disposition without administration, or no probate at all where every asset passed by joint title, beneficiary designation, or trust. Formal administration is required where the estate exceeds $150,000 in non-exempt assets or must sue, be sued, or actively manage property.

How do I handle the deceased’s credit cards and debts?

Notify each issuer and close the cards to stop fraud, but do not pay the balances from your own funds. Debts are paid from the estate in the priority order set by Fla. Stat. § 733.707. You are generally not personally liable unless you co-signed or held the account jointly.

What if the decedent had a mortgage in their name alone?

The mortgage survives the death and stays attached to the property. The lender can foreclose if payments stop, and it does not have to wait for probate. Federal law entitles a successor in interest to information about the loan and to apply for assumption or loss mitigation. Keep paying, and keep the receipts.

How do I prove I am the next of kin?

With documents, not assertions: your birth certificate or marriage certificate linking you to the decedent, the death certificate, and photo identification. In probate, the petition itself states the relationship under oath and the court’s letters of administration then serve as the proof institutions accept.

Are there wait periods I should know about?

Yes, three. Creditors get the later of three months from first publication or 30 days from service, § 733.702(1). A surviving spouse has six months from death for the homestead election, § 732.401(2). Objections to the will’s validity, venue, or jurisdiction close three months after service of the notice of administration, § 733.212(3).

Can I still object to the personal representative after three months?

Yes. This is widely misstated. The three-month bar in § 733.212(3) applies only to the validity of the will, venue, and the court’s jurisdiction. Removing a personal representative proceeds under § 733.504 and Fla. Prob. R. 5.440, and is not subject to that deadline.

My parent died in Florida but the accounts are in another state. What do I do?

Open the estate in the Florida county of domicile. Letters of administration issued by a Florida court are generally honored by out-of-state banks and brokerages, sometimes after an exemplified copy is provided. Real estate in another state usually requires its own ancillary proceeding in that state.

Do I need a lawyer when someone dies in Florida?

Not always. Fla. Prob. R. 5.030 requires counsel in a formal administration unless the personal representative is the sole interested person. Below that, it depends on whether there is real estate, a blended family, creditors, or a dispute. Where every asset passed by joint title or beneficiary designation, there may be nothing to administer.

Is FEMA COVID-19 funeral assistance still available?

No. FEMA’s COVID-19 Funeral Assistance program has closed to new applications. Families should instead check Social Security’s $255 lump-sum death payment, VA burial benefits where the decedent was a veteran, any employer group life benefit, and Florida’s crime victim compensation program where the death was the result of a crime.

About the author

This guide was written and reviewed by Jose M. Lorenzo, Jr., a Florida attorney (Florida Bar No. 107002) whose practice is Florida probate, trust and estate administration, probate and trust litigation, guardianship, and disputes over deeds and real property. Lorenzo Law opens estates in all 67 Florida counties, with concentrations in Miami-Dade, Broward, Palm Beach, Orange, Hillsborough, Pinellas and Duval.

Last reviewed and updated 24 August 2026 against Fla. Stat. (2026), Ch. 2026-57, Laws of Florida, and the Florida Probate Rules as amended by SC2026-0690 and SC2025-1478. This page is general legal information about Florida law, not legal advice, and reading it does not create an attorney-client relationship. Statutory thresholds and deadlines change; verify the current figure before you rely on it.