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After a death in Florida: what to do, step by step
Last reviewed Oct 29, 2026 · How we check · Report a correction
Printable Florida executor checklist
Step 1: Get death certificates
Where to order: A county health department or the Florida Bureau of Vital Statistics (official site). The funeral home usually orders the first certified copies for the family.
Eligibility rules and fees for this state are not yet verified on this site; check the official vital records office.
Step 2: Find and file the will
Yes, within 10 days. Whoever has the will must deposit it with the clerk of the circuit court for the county where the estate would be handled within 10 days after learning of the death, and give the clerk the date of death or the last four digits of the decedent’s Social Security number. This applies even if no probate is planned.
Where: Clerk of the Circuit Court for the county.
- Custodian must deposit the will with the clerk within 10 days after learning of the death. Source: Fla. Stat. § 732.901, checked Oct 29, 2026.
Step 3: Decide whether probate is needed
Florida shortcut: Summary administration for estates up to $150,000 (less exempt property), or when death was more than 2 years ago.
- Summary administration is available when the estate subject to administration in Florida, less exempt property, does not exceed $150,000, or the decedent has been dead more than 2 years (and a will does not require formal administration). Source: Fla. Stat. § 735.201 (amended by ch. 2026-57), checked Oct 29, 2026.
Florida probate & small estates → · When do you need probate?
Step 4: Find the right court
File in the county where the person lived. Florida probate courts by county →
Official forms, fees and e-filing:
Step 5: Creditors and debts
The personal representative publishes a notice to creditors. Claims must be filed in the probate case by the later of 3 months after first publication or, for creditors who must be served, 30 days after service. Regardless, claims are generally barred 2 years after the death.
- Claims must be filed by the later of 3 months after first publication of the notice to creditors or 30 days after service on a creditor required to be served. Source: Fla. Stat. § 733.702, checked Oct 29, 2026.
- Two years after death, the estate, personal representative and beneficiaries are not liable for claims, whether or not letters were issued. Source: Fla. Stat. § 733.710, checked Oct 29, 2026.
Step 6: Assets, taxes, distribution and closing
Find assets, file the final income tax return, pay valid debts, distribute, and close the estate with the court if a case was opened.
Documents you will usually need
- Certified death certificates
- The original will, if there is one
- Court letters (testamentary or of administration) once appointed
- An IRS EIN for the estate bank account
- Account statements, deeds, titles and insurance policies
When to get professional help
This site gives general legal information, not legal advice. Consider talking to a licensed attorney in the state if:
- someone may contest the will, or family members disagree;
- the estate owns a business, out-of-state real estate, or may owe estate tax;
- debts may be larger than the assets;
- you are unsure whether a deadline applies to you, or one may already have passed.
Many state and local bar associations run lawyer referral services; your probate court’s self-help page may list them.
Planning ahead instead? Plan an estate in Florida