What to Do When Someone Dies in Florida
What to Do When Someone Dies in Florida
When someone dies in Florida, you need to confirm the death, contact a funeral home, and secure the person's home and important documents within the first 24 hours. The weeks and months that follow involve obtaining death certificates, opening probate if needed, and settling financial accounts. This guide walks you through every step in order so nothing falls through the cracks.
This checklist keeps things practical and sequential.
The First Hours
If the Death Was Expected (Hospice or Home)
Call the hospice nurse or attending physician. They will pronounce the death and begin the medical certification process. You do not need to call 911 for an expected death under hospice care.
Contact a funeral home to arrange transportation. As a practical matter, human remains should be embalmed, refrigerated, or otherwise preserved within 24 hours after death if final disposition will not occur promptly.
If the Death Was Unexpected
Call 911 immediately. Do not move the body or disturb the scene. Law enforcement will respond and determine next steps.
Under Fla. Stat. Section 406.11, the Medical Examiner must be notified when a death:
- Is unexpected or unexplained
- Results from violence, accident, or suicide
- Occurs in police custody or a correctional institution
- Happens without a physician present
- Is suspicious in any way
- Involves a child under 18
The Medical Examiner will decide whether an autopsy is required. This does not cost the family anything.
Immediate Practical Steps
- Secure the deceased's home (lock doors, adjust thermostat, check for pets)
- Locate the will, trust documents, and any prepaid funeral arrangements
- Gather identification: Social Security number, driver's license, birth certificate
- Notify immediate family members
The First Week
Death Certificates
The funeral director files the death certificate with the local county health department. The physician or Medical Examiner must complete the medical certification within 72 hours.
Order 8 to 12 certified copies. You will need them for banks, insurance companies, the Social Security Administration, and probate court.
| Method | Details | Cost |
|---|---|---|
| County health department | Available for deaths from 2009 forward | Varies by county |
| Bureau of Vital Statistics (Jacksonville) | Walk-in at 1217 N Pearl St or mail to PO Box 210, Jacksonville FL 32231 | $5-$15 per copy |
| VitalChek online | Through floridahealth.gov | Fee + $7 processing |
For more details, see our full guide on how to get a death certificate in Florida.
Deposit the Will with the Court
Florida law requires that any person holding a will must deposit it with the clerk of the circuit court in the county where the deceased lived within 10 days of learning of the death (Fla. Stat. Section 732.901). Failure to do so can result in liability for damages, costs, and attorney fees.
Notify Key Parties
- Social Security Administration: Call 1-800-772-1213. The funeral home may report the death, but confirm it was done.
- Employer or former employer (pension, life insurance, final paycheck)
- Health insurance, Medicare, or Medicaid
- Banks, credit card companies, and investment firms
- Mortgage company and landlord
- Utility companies
- Post office (forward mail)
Death Benefits to Claim
Social Security
- Lump-sum death payment: $255, paid to a surviving spouse or eligible child. You must apply within 2 years of the death.
- Survivor benefits: A surviving spouse can receive benefits as early as age 60 (50 if disabled). Children under 18 (or 19 if in high school) may also qualify.
- WEP/GPO eliminated: The Windfall Elimination Provision and Government Pension Offset were eliminated on January 5, 2025 (Social Security Fairness Act of 2023). If survivor benefits were previously reduced or denied because of a government pension, reapply now.
Other Benefits
- Life insurance policies (check employer group policies too)
- Veterans benefits (burial allowance, headstone, flag) through the VA
- Union or fraternal organization death benefits
- Retirement account beneficiary distributions (401(k), IRA)
Probate: Three Paths in Florida
Florida is a separate property (common law) state - not a community property state. Probate handles property owned solely by the deceased.
Assets that skip probate entirely:
- Joint tenancy with right of survivorship (JTWROS)
- Payable-on-death (POD) bank accounts
- Transfer-on-death (TOD) securities
- Life insurance and retirement accounts with named beneficiaries
- Property in a revocable living trust
- Property transferred by Lady Bird deed
Path 1: Disposition Without Administration
When it applies: Estate assets consist only of exempt property and personal property that will not exceed the cost of exempt property, funeral costs, and reasonable medical expenses from the last 60 days.
How it works: File a straightforward petition under Fla. Stat. Section 735.301. No Personal Representative is appointed.
Cost: Filing fee approximately $230.
Path 2: Summary Administration
When it applies: The total value of the estate subject to probate is $75,000 or less, OR the deceased died more than 2 years ago (Fla. Stat. Section 735.201).
How it works: A petition is filed, and the court enters an order distributing assets directly to beneficiaries. No Personal Representative serves on an ongoing basis. Creditor claims are barred after 3 months.
Cost: Filing fee approximately $345.
Path 3: Formal Administration
When it applies: The estate exceeds $75,000 and the person died less than 2 years ago.
How it works: Full probate under Chapter 733 of the Florida Statutes. A Personal Representative is appointed, creditors are notified, an inventory is filed within 60 days, claims are resolved, and assets are distributed.
Cost: Filing fee approximately $400. Attorney and PR fees additional.
Typical timeline: 6 to 12 months for straightforward estates, 12 to 24+ months for complex ones.
For a deeper look, see how probate works in Florida.
Financial Tasks and Tax Obligations
Florida's Tax Advantages
Florida has three major tax benefits for estates:
| Tax | Florida Status |
|---|---|
| State estate tax | None - eliminated January 1, 2005 (Art. VII, Section 5, Florida Constitution) |
| State inheritance tax | None - Florida has never imposed one |
| State income tax | None - no tax on estate income or individual income (Art. VII, Section 5, Florida Constitution) |
Only five states currently impose an inheritance tax: Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania. Iowa repealed its inheritance tax effective January 1, 2025.
Federal Estate Tax
The federal estate tax exemption is $15,000,000 per person as of July 4, 2025 (P.L. 119-21, One Big Beautiful Bill Act). Married couples can shelter up to $30,000,000 through portability. The tax rate on amounts above the exemption is 40%.
If the estate exceeds $15,000,000, file IRS Form 706 within 9 months of death. A 6-month extension is available.
Step-Up in Basis
Inherited assets receive a step-up in cost basis to fair market value at the date of death under IRC Section 1014. This eliminates capital gains tax on appreciation that occurred during the deceased's lifetime.
Tax Returns to File
- Final federal income tax return (Form 1040): Due April 15 of the year after death
- Estate income tax return (Form 1041): Required if the estate earns $600+ in income during administration
- No Florida state tax return is needed
For the full picture on taxes, see estate and inheritance tax in Florida.
Homestead Protection
Florida's homestead exemption is one of the strongest in the country. Under Art. X, Section 4 of the Florida Constitution:
- The homestead is protected from forced sale by creditors (with limited exceptions for mortgages, taxes, and mechanics' liens)
- There is no dollar cap on the exemption
- Size limits: up to 1/2 acre within a municipality or 160 acres outside one
- Devise restrictions: If the owner is survived by a spouse or minor child, the homestead cannot be devised freely. The surviving spouse can take a life estate with remainder to the descendants, or elect a 50% tenancy in common interest within 6 months.
Close and Transfer Financial Accounts
- Contact each bank and brokerage with a death certificate and letters of administration
- Transfer POD and TOD accounts to named beneficiaries
- Cancel credit cards (but check for remaining rewards or refunds first)
- Update property titles, vehicle titles, and insurance policies
Ongoing Timeline
| Timeframe | Action |
|---|---|
| First 24 hours | Confirm death, contact funeral home, secure home |
| Within 10 days | Deposit will with circuit court clerk (Fla. Stat. Section 732.901) |
| Within 30 days | Apply for death certificates, notify Social Security, begin probate |
| Within 60 days | File inventory if formal administration (Fla. Stat. Section 733.604) |
| Within 3 months | Creditor claims period (summary admin) |
| Within 9 months | File federal Form 706 if estate exceeds $15M |
| Within 2 years | Apply for Social Security lump-sum death payment |
| Ongoing | Medicaid recovery (see below), final accounting, distribution |
Medicaid Estate Recovery
Under Fla. Stat. Section 409.9101, Florida can seek recovery of Medicaid benefits paid on behalf of individuals age 55 and older at the time they received benefits. Recovery applies to the probate estate.
Important exception: Florida's homestead property is exempt from Medicaid estate recovery as long as it qualifies for the constitutional homestead exemption.
Unclaimed Property
Florida holds over $2 billion in unclaimed property. Check whether the deceased has unclaimed funds at FLTreasureHunt.gov. Common sources include forgotten bank accounts, insurance proceeds, utility deposits, and uncashed checks.
Frequently Asked Questions
Do I need a lawyer for probate in Florida?
For formal administration, yes. Florida law requires that the Personal Representative be represented by an attorney unless the PR is the sole beneficiary (Fla. Stat. Section 733.6171). Summary administration and disposition without administration may not require an attorney, but legal guidance helps avoid mistakes.
How long does probate take in Florida?
Disposition without administration can be completed in weeks. Summary administration typically takes 1 to 3 months. Formal administration takes 6 to 12 months for simple estates and 12 to 24+ months for complex or contested ones.
Can I serve as Personal Representative if I live outside Florida?
Only if you are a spouse, sibling, parent, child, or other close relative of the deceased as defined by Fla. Stat. Section 733.304. Non-family non-residents cannot serve.
What happens if there is no will?
The estate passes by intestate succession under Fla. Stat. Sections 732.102-732.103. If the deceased is survived only by a spouse and no descendants (or only shared descendants), the spouse inherits everything. If there are descendants from outside the marriage, the spouse receives 50% and the descendants split the other 50%.
Is cremation handled differently in Florida?
Yes. Florida requires a 48-hour waiting period after death before cremation can occur (Fla. Stat. Section 872.03). There are no exceptions to this rule. Violation is a second-degree misdemeanor. The medical examiner must also approve the cremation before it proceeds (Fla. Stat. Section 406.11).
What to Do Next
Kaira organizes every step for your state — deadlines, forms, and next actions — so nothing gets missed. See how it works.
Disclaimer: This article is for informational purposes only and does not constitute legal, tax, or financial advice. Laws change, and individual circumstances vary. Consult a licensed Florida attorney or tax professional for advice specific to your situation.
Sources: Florida Statutes Chapters 732, 733, 735; Art. VII and Art. X of the Florida Constitution; IRS Publication 559; Social Security Administration; P.L. 119-21 (One Big Beautiful Bill Act, 2025).