What Do I Do When Someone Dies in Florida?

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. 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.

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types.

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. File with the Circuit Court (Probate Division). Counties may require additional local forms. Filing fee $399. Typical duration: 6-24 months.

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. 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)).