What Do I Do When Someone Dies in Florida?

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.

Forms for Settling an Estate in Florida

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.

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Tools for Settling an Estate in Florida

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.

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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.

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Hire a Florida Probate Attorney

Browse 152 probate firms in Florida with addresses, contact info, and practice details.

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Florida Estate Settlement Resources

In-depth guides covering Florida probate, estate administration, and settling an estate.