When someone passes away in Florida, the person responsible for wrapping up their affairs often feels overwhelmed. This Q&A walks through the practical checklist for settling a Florida estate, in roughly the order the tasks arise.
What’s the very first step?
Locate the original will and secure the decedent’s property. Florida law (§732.901) requires the custodian of an original will to deposit it with the clerk of court in the county where the decedent lived within 10 days of learning of the death. Don’t hold onto the original indefinitely — depositing it is a legal obligation, even if formal probate hasn’t started.
How do I open probate?
Determine which type of administration fits. Florida offers summary administration (for smaller or older estates) and formal administration (the full process, with a personal representative appointed by the court). For formal administration, you petition the circuit court, and the judge issues Letters of Administration authorizing the personal representative to act. Florida generally requires a licensed attorney to represent the personal representative in formal administration.
What does the personal representative actually do?
Once appointed, the personal representative’s core checklist includes:
- Obtain Letters of Administration and a tax ID (EIN) for the estate.
- Open an estate bank account and gather all assets into it where appropriate.
- Inventory and value assets — filing a verified inventory with the court.
- Identify and notify known creditors directly, and publish a Notice to Creditors so unknown creditors have a limited window to file claims.
- Pay valid claims, administration expenses, and any final income taxes.
- Distribute remaining assets to beneficiaries and file for discharge.
How long do creditors have to make a claim?
Generally, creditors must file claims within three months of the first publication of the Notice to Creditors, or 30 days from being served, whichever is later. Handling this notice correctly is one of the most important protective steps — it limits the window in which the estate can be pursued.
Do I need to deal with the homestead separately?
Often, yes. If the decedent owned a Florida homestead (Article X, Section 4), the personal representative typically files a petition to determine homestead status. This confirms the property’s protected character and helps establish clean title for the heirs, since homestead generally is not a probate asset subject to most creditors.
What about taxes?
Florida has no state estate or inheritance tax, which simplifies the checklist considerably. You may still need to file the decedent’s final federal income tax return and, for larger estates, a federal estate tax return. A final accounting to beneficiaries is required before closing.
How does the estate close?
After claims are resolved and assets distributed, the personal representative files a final accounting and a petition for discharge. Once the court approves, the personal representative is released from further responsibility.
Consult a Florida attorney
Every estate is different — a missed creditor notice or an overlooked homestead petition can create real problems later. Because formal administration in Florida usually requires legal representation anyway, having a Florida probate attorney guide the checklist from the start saves time and protects the personal representative personally.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
