What to Do When Someone Dies in Florida
When a loved one passes away in Florida, there are important legal and financial steps to take. Florida has strong homestead protections that can affect how property passes to heirs, and offers a streamlined summary administration process for smaller estates.
Small Estate Threshold
$75,000
Probate Timeline
6-12 months
Death Certificate
$9 per copy
Order From
Florida Department of Health
State Estate Tax
NoInheritance Tax
NoUnique to Florida
Strong homestead protections - primary residence often passes outside probate
Get the death certificate in Florida
In Florida, the funeral home files the death certificate with the Florida Department of Health. Certified copies cost $9 each from the local county health department or state vital records office. Request 10-15 certified copies for banks, insurance companies, and government agencies.
- The funeral home files with the county vital statistics office
- Request certified copies from county health department ($9 each)
- Order online through VitalChek (additional processing fee)
- Allow 2-3 weeks for mail orders
Understand Florida probate
Florida offers two types of probate: formal administration and summary administration. Summary administration is available for estates under $75,000 (excluding homestead) or when the decedent has been dead for more than 2 years. Florida's homestead laws provide significant protections - the primary residence often passes directly to heirs outside of probate.
- Determine if estate qualifies for summary administration ($75,000 threshold)
- Check if homestead exemption applies to primary residence
- File petition with circuit court in county where deceased lived
- For formal administration, expect 6-12 months timeline
Handle financial accounts
Gather information about bank accounts, investment accounts, and retirement funds. Contact each financial institution with a certified death certificate. Florida is not a community property state, so assets are distributed according to the will or intestacy laws.
- List all bank accounts, investments, and retirement funds
- Contact each institution with a certified death certificate
- Check for beneficiary designations and POD accounts
- Determine if any accounts were held jointly
Key deadlines in Florida
File will with court
Florida law requires the will to be filed with the circuit court within 10 days of learning of the death
Frequently asked questions about Florida estates
Neighboring state guides
Estate laws vary by state. If the deceased owned property in multiple states, you may need to file in each state.
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