After a death in Florida, the estate either qualifies for the simplified procedure for estates under $150,000 or goes through probate, where creditors have 3 monthsFla. Stat. § 733.702Verified Sep 8, 2026View source to file claims after notice.
Certified copies come from the Florida Department of Health - Bureau of Vital StatisticsFlorida Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source; the funeral home usually places the first order. The first certified copy costs $5Florida Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source and each additional copy ordered with it $4Florida Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source; standard processing takes 3-5 business days (2009-present), plus shippingFlorida Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source. Banks, insurers, government agencies and retirement plans each want a certified copy, so the first order is for several. The Florida death certificate guide carries the ordering details.
Florida sets an order for who controls the disposition of remains: surviving spouse, then son or daughter, then parentF.S. § 497.005(43)Verified Oct 17, 2026View source. The state allows you to name your own agent in advanceF.S. § 497.005(43)(a)1.Verified Oct 17, 2026View source, and a written designation outranks the default order. The Florida burial and cremation law guide carries the rest of the rules.
Only for what the decedent owned alone with no beneficiary named. Assets in a living trust, accounts with a named beneficiary and property owned jointly with right of survivorship pass outside probate. For the rest, Florida sets no dollar limit for its Disposition Without AdministrationFla. Stat. § 733.402 (bond — required by default: "Unless the bond requirement has been waived by the will or by the courtVerified Sep 8, 2026View source; eligibility turns on other tests. Florida's small estate shortcut is a court procedure: the court's own order authorizes collection. There is no affidavit to present to a bank.
The opening petition is prepared to statute and filed with the Circuit CourtFla. Stat. §§ 733.101-733.402 (venue, petition, appointment, letters, bond); Fla. Prob. R. 5.200 (petition), 5.235 (issuance of letters, bond), 5.030 (attorney required)Verified Aug 24, 2026View source. The Circuit Court issues Letters of Administration after the court grants the petition. The Florida Letters Testamentary guide carries the documents, the bond and the self-filing rules.
A simple estate in Florida typically settles in 6 months to 9 months, and an average estate in 9 months to 12 months. The creditor claim period of 3 monthsFla. Stat. § 733.702Verified Sep 8, 2026View source is the floor: final distribution waits for it to run. Assets in a living trust settle privately, without the court's timeline.
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Free forms for settling an estate in Florida: probate petition, small estate affidavit, creditor notice and closing forms. Prepare each form for Florida.
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IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
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Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
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Notice to Creditors
In Florida, the notice to creditors is published for 2Fla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 3 monthsFla. Stat. § 733.702Verified Sep 8, 2026View source from first publication to present claims.
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Renunciation of Executor
In Florida, a person named as personal representative may renounce the right to serveFla. Stat. § 733.301(1)(a), (4); Fla. Prob. R. 5.201(b); Fla. Stat. § 731.302Verified Sep 23, 2026View source before anyone is appointed.
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Estate Inventory
In Florida, the personal representative files the estate inventory within 60 daysFla. Prob. R. 5.340; Fla. Stat. § 733.604Verified Sep 15, 2026View source of appointment.
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Estate Closing
In Florida, the personal representative is discharged by court orderFla. Prob. R. 5.400(e); Fla. Stat. § 733.901Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
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IRS Form 1310
Claim a refund due a deceased taxpayer on the official form, on the box the form routes you to, with what the form says to attach.
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Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Free tools for settling an estate in Florida: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Florida.
How Many Death Certificates Do I Need?
In Florida, certified death certificates come from the Florida Department of Health - Bureau of Vital StatisticsFlorida Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source; the first copy costs $5Florida Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source, additional copies $4Florida Department of Health - Bureau of Vital StatisticsVerified Oct 15, 2026View source each.
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Do I Need Probate?
Florida sets no dollar limit for its Disposition Without AdministrationFla. Stat. § 733.402 (bond — required by default: "Unless the bond requirement has been waived by the will or by the courtVerified Sep 8, 2026View source; eligibility turns on other tests.
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What Happens to Jointly Owned Property When an Owner Dies?
When a joint owner dies in Florida, what the survivor records is the “Certified copy of the death certificateFla. Unif. Title Std. 6.6, Problem 1Verified Oct 26, 2026View source”.
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Do I Have to File Tax Returns for Someone Who Died?
Florida has no state income tax, so only the federal final Form 1040 is due for the decedentFla. Const. Art. VII, § 5(a)Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
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How Do I Settle an Estate?
Settling an estate in Florida: the personal representative files the estate inventory within 60 daysFla. Prob. R. 5.340; Fla. Stat. § 733.604Verified Sep 15, 2026View source of appointment; creditors have 3 monthsFla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
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How Much Are Estate & Inheritance Taxes?
Florida levies no estate or inheritance taxNo state estate or inheritance tax. Fla. Const. Art. VII, § 5(a) caps any Florida estate or inheritance tax at the federal credit amount; the Chapter 198 estate tax (Fla. Stat. § 198.02) is a federal-credit pickup — not repealed, but $0 since EGTRRA eliminated the federal state death tax credit, and the Florida Department of Revenue confirms the estate tax was eliminated for people who died after Dec. 31, 2004. Florida has no inheritance tax and no gift tax.Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
Calculate the Tax
What Taxes Apply to My Inheritance?
Florida imposes no inheritance or estate taxNo state estate or inheritance tax. Fla. Const. Art. VII, § 5(a) caps any Florida estate or inheritance tax at the federal credit amount; the Chapter 198 estate tax (Fla. Stat. § 198.02) is a federal-credit pickup — not repealed, but $0 since EGTRRA eliminated the federal state death tax credit, and the Florida Department of Revenue confirms the estate tax was eliminated for people who died after Dec. 31, 2004. Florida has no inheritance tax and no gift tax.Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
Florida Executor ChecklistFla. Stat. § 733.402 (bond — required by default: "Unless the bond requirement has been waived by the will or by the court, every fiduciary to whom letters are granted shall execute and file a bond with surety"; banks/trust companies exempt under (3)), § 733.617(2) (PR commission presumed reasonable: 3% first $1M, 2.5% $1M-$5M, 2% $5M-$10M, 1.5% above $10M), § 733.6171(3) (attorney compensation presumed reasonable: $1,500 for estates $40,000 or less; +$750 $40K-$70K; +$750 $70K-$100K; "3 percent on the next $900,000"; 2.5% $1M-$3M; 2% $3M-$5M; 1.5% $5M-$10M; 1% above $10M; written disclosure of negotiability required by (2)(b)), § 733.604(1)(a) (PR self-values the estate in a verified inventory — no court appraiser), § 733.702(1) (creditor claims: later of 3 months from first publication OR 30 days from service on the creditor), § 733.710(1) (absolute 2-year nonclaim bar from date of death), § 733.2121(2) (publication "once a week for 2 consecutive weeks, in a newspaper published in the county where the estate is administered"), § 735.201(2) (summary administration: estate less exempt property "does not exceed $150,000 ... or ... the decedent has been dead for more than 2 years" — $150,000 per Ch. 2026-57 § 7, in force since 2026-07-01), § 735.301(1) (disposition without administration: decedent "leaving only personal property" whose nonexempt value does not exceed preferred funeral expenses + last-60-days medical/hospital expenses; no fixed dollar cap; not amended by Ch. 2026-57). Re-verified 2026-09-08 by live fetch of the 2026 codified sections on leg.state.fl.us and flsenate.gov (§§ 733.402, 733.403, 733.604, 733.617, 733.6171, 733.702, 733.710, 733.2121, 735.201, 735.301, 28.2401). The 2026 annual republication now carries the Ch. 2026-57 figures, so the summary-administration cap no longer rests on the enrolled chapter law alone.Verified Sep 8, 2026View source
Notify immediate family members
Contact close family members who need to know. Coordinate funeral arrangements and gather contact information for extended family and friends.
Confirm who has authority over final arrangements
State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made.
Florida: State law sets the order of who controls disposition of remains. Order: Decedent, as designated in the decedent's own written inter vivos authorizations and directions; then Person designated on DD Form 93 (military service members); then Surviving spouse; then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.
Arrange burial, cremation, or other disposition
Work with a funeral home, crematory, or other provider to arrange disposition of the body. State rules govern cremation waiting periods, required authorizations, and burial or disposition permits. The funeral home typically provides certified death certificates and files the death certificate with vital records.
Florida: Cremation has a 48-hour waiting period. Medical examiner authorization is required before cremation. A burial or disposition permit is required, issued by the Florida Department of Health or the local registrar or subregistrar of the district where the death occurred or the body was found (§ 382.006(2)). The death certificate must be filed within 5 days. Median prices on 144 Florida funeral homes' general price lists: direct cremation $2,465, immediate burial $4,130, a funeral with a viewing and burial $6,035.
Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy.
Florida: Order from Florida Department of Health - Bureau of Vital Statistics. Fee: $5/copy ($4 additional). Available: online, phone, mail, in-person, in-person. Processing: 3-5 business days (2009-present), plus shipping.
Change locks if necessary, ensure the home is secured, and safeguard valuable items. Review who has keys and whether security measures are needed.
Florida: Has constitutional homestead protection. Surviving spouse has lifetime right to occupy. Minor children also protected.Fla. Const. Art. X § 4; Fla. Stat. §§ 732.401, 732.4015Verified Oct 11, 2026View source
Locate estate planning documents
Find the original will, trust documents, and any amendments. Check the home, safe deposit box, and contact any attorney the deceased worked with.
Determine if probate is necessary
Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types.
Ensure mail is collected regularly to identify bills, accounts, and important correspondence. Forwarding mail to the executor/trustee is common practice.
Report the death to Social Security. The funeral home often does this, but verify it was done. Surviving spouse may be eligible for benefits.
Federal: Timing: Application for the lump-sum death payment: within 2 years of the date of death. Proof of support for a dependent parent's benefit: within 2 years of the worker's death. The funeral home reports the death.
Cancel Medicare coverage and return the Medicare card. If on Medicaid, notify the state agency to avoid benefit continuation.
Florida: Medicare: Repayment of a Medicare Secondary Payer demand against the estate: within 60 calendar days of the demand; interest is assessed from the date the demand letter was mailed. Claim for services furnished before death: within 12 months of the date of service. If the deceased received Medicaid, Florida's estate recovery program (Florida Agency for Health Care Administration, Medicaid Third Party Liability Recovery Program) may file a claim against the estate for benefits paid. Exemptions and hardship waivers are state-specific.
If the deceased was a veteran, notify the VA to stop benefits and inquire about burial benefits and survivor benefits.
Federal: Timing: DIC or death pension application, for an award effective from the month of death: within 1 year of the date of death; Payments start from the filing date instead of the first day of the month of death.. Claim for accrued benefits: within 1 year of the beneficiary's death. Claim for lump-sum accrued benefits withheld from a competent veteran during hospital, institutional or home care: within 5 years of the beneficiary's death. Request to be substituted into the veteran's pending claim or appeal: within 1 year of the date of death. Burial allowance claim for a death that was not service connected: within 2 years of the veteran's burial. Burial allowance claim where VA upgraded the discharge from dishonorable after death: within 2 years of the upgrade.
Contact life insurance companies to file claims. Also notify health, auto, and homeowner insurance to update or cancel policies.
Florida: Divorce automatically revokes beneficiary designations naming a former spouse on life insurance, retirement accounts, POD bank accounts, TOD investment accounts, annuities (Fla. Stat. § 732.703). Employer plans governed by federal law (ERISA) and federal benefits are not affected by the state rule. Confirm whether any designation predates a divorce before it is paid out.
Place a deceased alert or credit freeze with Equifax, Experian, and TransUnion to prevent identity theft. Over 2 million deceased identities are stolen annually.
Locate deeds, mortgage statements, property tax bills, and homeowner insurance policies for all real property. Check the county recorder for any recorded Transfer on Death deeds.
Florida: Has constitutional homestead protection. Acreage limits: 0.5 acres urban, 160 acres rural. Surviving spouse has lifetime right to occupy. Minor children also protected.Fla. Const. Art. X § 4; Fla. Stat. §§ 732.401, 732.4015Verified Oct 11, 2026View source
Whoever holds the original will hands it to the probate court, or to the executor it names, within the period state law sets. The will becomes part of the court record whether or not probate is opened.
Obtain an EIN for the estate
Apply for an Employer Identification Number (EIN) from the IRS. The estate needs its own tax ID to open bank accounts and file tax returns.
Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority.
Florida: Letters of Administration are issued by the The Circuit Court (the judge issues Letters of Administration once appointment, bond, oath, and resident-agent steps are complete; the clerk of the circuit court dockets the case and may approve the bond). The state's title for the role is Personal Representative. Typically filed with the petition: Verified Petition for Administration drafted to Fla. Prob. R. 5.200 (petitioner interest, decedent data, beneficiaries, venue, § 733.301 priority, will statement, asset value); Original of the decedent's last will and any codicils (deposited with the court within 10 days of knowledge of death, Fla. Stat. § 732.901), in a testate estate; A copy of an official record of the decedent's death — NOT a "certified" copy, and NOT filed with the petition in a formal administration. Fla. Prob. R. 5.205(a) requires "a copy of an official record of the death", due in an administration "not later than 3 months following the date of the first publication of the notice to creditors" (5.205(a)(1)) — i.e. after Letters issue — and at the time of filing in summary administration (5.205(a)(3)) and disposition without administration (5.205(a)(4)). The court may dispense with the rule entirely on verified petition, without notice or hearing (5.205(b)). The committee note directs the SHORT FORM: "A short form certificate of death, which does not disclose the cause of death, should be filed." Separately, an AUTHENTICATED copy of a death certificate is prima facie proof of the fact, place, date and time of death (Fla. Prob. R. 5.171(a); Fla. Stat. § 731.103(1)) — the word "certified" is defined in Rule 5.015(b)(1) and is used nowhere in the death-record rules; Oath of Personal Representative ("Before the granting of letters of administration, the prospective personal representative must file an oath to faithfully administer the estate of the decedent", Fla. Prob. R. 5.320) plus the address designation and designation of / acceptance by a resident agent required before letters issue (Fla. Prob. R. 5.110(a)-(d) "Before letters are issued ... must file a designation of resident agent for service of process or notice, and the acceptance by the resident agent"; Fla. Prob. R. 5.235(a)(3)); Bond unless waived by the will or by the court (Fla. Stat. § 733.402; Fla. Prob. R. 5.235(c)); Formal notice on, or waiver/joinder by, any person with equal or higher appointment preference — the petition must state "whether or not any other person has equal or higher preference, and if so, their name and whether they will be served with formal notice" (Fla. Prob. R. 5.200(e)).Fla. Stat. §§ 733.101-733.402 (venue, petition, appointment, letters, bond); Fla. Prob. R. 5.200 (petition), 5.235 (issuance of letters, bond), 5.030 (attorney required)Verified Aug 24, 2026
Post surety bond if required
If the court requires a bond, obtain a surety bond from an insurance company. The bond protects beneficiaries from executor misconduct.
Florida: Bond required unless waived in will. Typical premium: 0.5% of estate value.Fla. Stat. § 733.402Verified Sep 8, 2026View source
Open an estate bank account
Open a dedicated checking account for the estate using the EIN and letters testamentary. All estate income and expenses flow through this account.
Consider hiring a probate attorney
For complex estates or if unfamiliar with probate, hiring an attorney is common. Many states allow statutory attorney fees.
Publish a notice in a local newspaper to alert potential creditors. This starts the creditor claim period running.
Florida: Florida requires publication for 2 consecutive weeks. Typical cost: $200. The executor places the notice with the newspaper directly. Creditors have 3 months from first publication to file claims. Known creditors must receive direct mailed notice. Proof of publication must be filed with the court.Fla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source
Identify email accounts, social media, online banking, cryptocurrency, and other digital assets. Note any password managers used.
Florida: Florida has adopted digital asset access laws (2016). User authorization or court order may be required to access accounts. Online tool authorizations (like Google Inactive Account Manager) are valid.Fla. Stat. Ch. 740 (Florida Fiduciary Access to Digital Assets Act)Verified Sep 15, 2026View source
Search the state unclaimed property database for forgotten bank accounts, uncashed checks, insurance proceeds, and refunds owed to the deceased. Estates frequently recover assets the deceased never tracked.
Florida: Search Florida Department of Financial Services, Division of Unclaimed Property for forgotten accounts, refunds, and uncashed checks owed to the deceased.
Maintain property, continue paying mortgage and taxes, arrange for property management if needed, and prepare for sale or transfer.
Florida: Property owned in other states may require ancillary probate in those states. Small estate exception may apply for property under $150,000. State recognizes out-of-state personal representatives.Fla. Stat. §§ 734.102, 734.1025, 735.201Verified Sep 15, 2026View source
Contact retirement account custodians about beneficiary claims. IRAs and 401(k)s typically pass by beneficiary designation, not through the estate.
Florida: Divorce automatically revokes beneficiary designations naming a former spouse on life insurance, retirement accounts, POD bank accounts, TOD investment accounts, annuities (Fla. Stat. § 732.703). Employer plans governed by federal law (ERISA) and federal benefits are not affected by the state rule. Confirm whether any designation predates a divorce before it is paid out.
Prepare and file an inventory of all estate assets with their values. The filing deadline runs from your appointment as personal representative and is set by state law.
Inventory due 60 days after appointment as personal representativeFla. Prob. R. 5.340; Fla. Stat. § 733.604Verified Sep 15, 2026View source
Florida: Inventory due within 60 days of appointment. You set the fair-market values yourself; no independent appraiser is required. Supplemental inventory required for assets discovered after the initial filing.Fla. Prob. R. 5.340; Fla. Stat. § 733.604Verified Sep 15, 2026View source
Review claims submitted by creditors. Reject invalid claims and pay valid debts from estate/trust assets.
Florida: Creditors file claims on a statutory claim form. After a claim is rejected, the creditor has 30 days to sue on it. If the estate cannot pay every claim, payment order: Costs and expenses of administration, and compensation of personal representatives and their attorneys; then Reasonable funeral, interment, and grave marker expenses (up to $6,000 in the aggregate); then Debts and taxes with preference under federal law, Medicaid estate recovery and public assistance claims (ss. 409.9101, 414.28), and state claims for unpaid court costs, fees, or fines; then remaining claims in statutory order.Fla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source
Do not make final distributions until the creditor claim period has expired. This protects you from personal liability.
Creditor claim period: 3 months from first publication of the creditor noticeFla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source
Florida: Creditor claim period is 3 months from first publication. All claims are barred 2 years after death regardless of notice.Fla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source
File a final IRS Form 1040 for the deceased covering January 1 through date of death. Write "DECEASED," the decedent's name, and the date of death across the top of the return. If filing jointly with a surviving spouse, include both incomes. Attach Form 1310 to claim a refund, unless you are the surviving spouse filing a joint return or a court-appointed personal representative attaching a copy of the court certificate to the original return.
IRS Form 1040 due April 15 following year of death26 USC 6012(b)(1)
Florida: No state income tax. Only federal Form 1040 required.Fla. Const. Art. VII, § 5(a); Fla. Stat. §§ 198.02, 198.22, 198.26, 198.32 (ch. 2023-207), 220.02(1); Fla. Admin. Code R. 12C-3.0015, 12C-3.008Verified Sep 10, 2026View source
If the estate or trust earns income during administration ($600 in gross income), file IRS Form 1041. Required if estate gross income is $600 or more, or if any beneficiary is a nonresident alien. The estate can choose a fiscal year. Use Form 7004 for an automatic 5.5-month extension of time to file.
Florida: No state income tax. Only federal Form 1041 required if estate earns income.Fla. Const. Art. VII, § 5(a); Fla. Stat. §§ 198.02, 198.22, 198.26, 198.32 (ch. 2023-207), 220.02(1); Fla. Admin. Code R. 12C-3.0015, 12C-3.008Verified Sep 10, 2026View source
For estates exceeding the federal exemption ($15,000,000), IRS Form 706 is required. Some states have lower thresholds. File Form 4768 for an automatic 6-month extension of time to file. The estate and GST tax is still due within 9 months of death; an extension of time to pay must be requested separately on the same form. Form 706 may also be filed to elect portability of the unused exemption to a surviving spouse.
IRS Form 706 due 9 months after date of death (6-month extension available) if required26 USC 6018; 26 USC 6075(a)
Florida: No state estate or inheritance tax. Only federal Form 706 applies if estate exceeds the federal exemption ($15,000,000).26 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source
Some states require tax clearance or closing letters before final distribution. Distributing without clearance can create personal liability for the executor or trustee.
Florida: No state tax clearance required. Florida estate tax eliminated for deaths after December 31, 2004 (pick-up tax under Fla. Stat. § 198.02 dropped to zero when federal state death tax credit was repealed by EGTRRA).Fla. Const. Art. VII, § 5(a); Fla. Stat. §§ 198.02, 198.22, 198.26, 198.32 (ch. 2023-207), 220.02(1); Fla. Admin. Code R. 12C-3.0015, 12C-3.008Verified Sep 10, 2026View source
An executor or personal representative is entitled to compensation for administering the estate. Some states set commissions by statute; others allow reasonable compensation. Decide whether to take a commission and document the basis before final distribution.
Florida: Executor compensation follows the state default. Commissions are taxable income to the executor and are usually waived when the executor is also the main beneficiary.Fla. Stat. § 733.617Verified Sep 8, 2026View source
Keep copies of all documents, accountings, receipts, and tax returns. Most professionals recommend keeping records for 7-10 years.
General information about settling an estate, not legal advice. Requirements vary by state and circumstance. Consult a licensed attorney for legal questions. Data verified Sep 15, 2026