Losing someone you love is overwhelming. In the middle of grief, families are often expected to make decisions quickly, gather documents, speak with financial institutions, and figure out whether probate is required. If your loved one passed away in Florida, this guide explains the first steps to take, what documents to look for, and when it may be time to speak with a Florida probate attorney.
This article is for general information only and is not legal advice. Every family and estate is different, so you should speak with an attorney about your specific situation.
First Things First: Take Care of Immediate Needs
In the first few days, focus on the most urgent personal and practical matters. Notify close family members, contact a funeral home, and make sure the home, vehicles, pets, mail, and valuables are secure. If the death occurred at a hospital, hospice, or care facility, staff will usually help coordinate the initial paperwork. If the death occurred at home, a medical professional or appropriate authority may need to officially pronounce the death.
Try not to distribute personal property, sell assets, or access financial accounts until you understand who has legal authority to act. Even when family members agree, certain assets may legally belong to the estate and may need to be handled through probate or another formal process.
1. Order Certified Death Certificates
Certified death certificates are needed for many post-death tasks, including life insurance claims, bank account issues, retirement accounts, real estate transfers, and probate filings. In Florida, the funeral home typically helps initiate the death certificate process. Families should usually request multiple certified copies, and in many situations it is best to request copies without the cause of death unless a specific institution requires it.
2. Locate the Original Will and Estate Planning Documents
Look for the original will, any trust documents, deeds, life insurance policies, retirement account information, prenuptial or postnuptial agreements, and prior estate planning correspondence. Common places to check include a home safe, filing cabinet, safe deposit box, attorney’s office, or digital storage account.
Under Florida law, the person who has the original will generally must deposit it with the clerk of court in the county where the deceased person lived within 10 days after learning of the death. Filing the will is not the same as opening probate, but it is an important early step.
3. Make a List of Assets and Debts
Before anyone can determine whether probate is necessary, it helps to gather a clear picture of what your loved one owned and owed. Probate generally applies to assets owned in the deceased person’s sole name without a joint owner, beneficiary designation, trust, or other automatic transfer method.
- Bank and investment accounts
- Real estate deeds and mortgage statements
- Vehicle titles and registrations
- Life insurance policies
- Retirement accounts, including IRAs and 401(k)s
- Credit cards, loans, medical bills, and funeral expenses
- Recent tax returns
- Business interests, valuable personal property, or pending legal claims
4. Determine Whether Probate Is Required
Probate is the court-supervised process for identifying estate assets, paying valid debts, and distributing property to beneficiaries or heirs. According to The Florida Bar, probate generally applies to assets owned in the decedent’s sole name or assets that do not have a built-in method of passing automatically at death.
Not every asset goes through probate. Assets with named beneficiaries, jointly owned property with rights of survivorship, payable-on-death accounts, trust assets, and certain homestead property may pass outside of probate. However, the details matter, especially when real estate, creditor claims, blended families, or disputes are involved.
5. Understand the Main Types of Florida Probate
Florida has different probate paths depending on the size and complexity of the estate. The right option depends on the assets, debts, beneficiaries, and how long ago the person passed away.
- Formal Administration: The traditional probate process, often used for larger or more complex estates. The court appoints a personal representative to gather assets, address creditor claims, and distribute the estate.
- Summary Administration: A simplified process available for certain smaller estates or when the decedent has been dead for more than two years. Florida’s eligibility thresholds can change, so it is important to confirm the current rule before filing.
- Disposition Without Administration: A limited option for very small estates, often used when the available property is needed to reimburse funeral or final medical expenses.
6. Protect the Estate Before Assets Are Distributed
Until the proper person has legal authority, the safest approach is to preserve the estate. Keep insurance active, secure the residence, forward mail if appropriate, document valuable personal property, and avoid informal distributions. If bills must be paid, keep careful records and receipts.
Family members should be especially careful with jointly used bank accounts, vehicles, jewelry, firearms, business assets, and real estate. What feels like a practical decision in the moment can create legal problems later if beneficiaries, heirs, or creditors disagree.
7. Speak With a Florida Probate Attorney Early
You do not have to figure this out alone. A probate attorney can help determine whether probate is required, which type of administration fits the estate, who has priority to serve as personal representative, whether creditors must be notified, and how to transfer assets correctly.
Legal guidance is especially important if there is no will, family conflict, real estate, a surviving spouse, minor children, a blended family, significant debt, business ownership, out-of-state property, or concern that someone is hiding assets or withholding the will.
Quick Checklist: What to Do After a Loved One Dies in Florida
- Contact the funeral home and arrange for certified death certificates.
- Secure the home, vehicles, pets, mail, and valuables.
- Locate the original will, trust, deeds, and beneficiary information.
- Deposit the original will with the proper clerk of court if required.
- List assets, debts, account statements, and insurance policies.
- Do not distribute assets until legal authority is clear.
- Determine whether probate is required.
- Speak with a Florida probate attorney before deadlines or disputes arise.
Frequently Asked Questions
Do I need probate if my loved one had a will?
Maybe. A will does not avoid probate by itself. Probate may still be needed to give the personal representative authority to collect assets, pay debts, and distribute property. Whether probate is required depends on how the assets were titled and whether they had beneficiary designations or other transfer methods.
What happens if there is no will?
If someone dies without a valid will, they are considered to have died intestate. Florida law then determines who inherits. The result depends on whether there is a surviving spouse, children, descendants from another relationship, parents, siblings, or other relatives.
How long does probate take in Florida?
The timeline depends on the type of probate, the court, creditor issues, taxes, real estate, and whether beneficiaries agree. A simple summary administration may move more quickly, while formal administration often takes several months or longer.
Can I use my loved one’s bank account to pay bills?
Be careful. Unless you are a joint owner or have legal authority, using funds from the account may create problems. A power of attorney usually ends at death, so it generally does not authorize post-death transactions. Ask an attorney before accessing or moving estate funds.
Talk to a Florida Probate Attorney
If your loved one recently passed away and you are unsure what to do next, our law firm can help you understand your options and avoid costly mistakes. We guide Florida families through probate, estate administration, creditor issues, beneficiary questions, and disputes involving wills or estate assets.
Contact our office today to schedule a consultation and get clear guidance on the next step.