What to Do When Someone Dies in Florida

A complete guide to the legal requirements, deadlines, and practical steps for families in Florida.

The First 48 Hours

The hours after a death are overwhelming. Here is what needs to happen right away in Florida:

Death Certificates in Florida

You will need certified copies of the death certificate for almost every step of the estate process — banks, insurance companies, government agencies, and the DMV each require their own original.

How many to order

Order 15 to 20 certified copies. This sounds excessive, but you will go through them faster than you expect. Ordering more later means additional delays and fees.

Where to order

In Florida, death certificates are issued by the Florida Department of Health, Bureau of Vital Statistics. Your funeral home will typically file the initial paperwork and can order copies on your behalf.

Cost and timing

Certified copies cost $5 for the first copy, $4 for additional copies in Florida. Processing typically takes 1-2 weeks. Many processes cannot start until you have certificates in hand, so order early.

Who needs a certified copy:Banks and financial institutions, life insurance companies, the Social Security Administration, the probate court, the DMV, employers, pension administrators, and any institution holding assets in the deceased's name.

Probate in Florida

Filing deadline

10 days to deposit the will with the court

Small estate option

If the estate is valued under $75,000 in personal property, Florida allows a simplified process: Summary Administration (for estates under $75,000 or when decedent died more than 2 years ago). This can bypass full probate entirely, saving months of time and thousands in legal fees.

Average duration

Full probate in Florida typically takes 6-12 months. Simplified proceedings are often completed in weeks rather than months.

Key Deadlines in Florida

Missing a deadline can create legal liability or cause you to lose benefits. Here are the critical windows to be aware of:

Will filing deadline10 days
Probate petition deadline10 days to deposit the will with the court
Creditor claim period3 months from first publication of notice
Final tax return deadlineApril 15 of the year following death
Life insurance claimsNo legal deadline, but file promptly
COBRA health insurance election60 days from qualifying event
Social Security notificationAs soon as possible

What Most Families in FloridaDon't Know

Florida has one of the shortest will-filing deadlines in the country — just 10 days. Failing to file can result in personal liability.

Florida's homestead exemption is extremely strong: the family home is generally protected from creditors regardless of value.

Florida has no state income tax or estate tax, which simplifies the tax picture for estates.

Summary Administration in Florida is available for estates under $75,000 or when the person died more than 2 years ago — either way, it's faster and cheaper than formal probate.

Florida requires a personal representative (executor) to be either a Florida resident or a close relative — out-of-state friends cannot serve.

Executor Compensation in Florida

Reasonable compensation; statutory guideline is 3% of estate assets. Many people don't realize that serving as executor is compensable work. If you've been named as executor, you are entitled to fair pay for the significant time and responsibility involved.

The mistakes that cost families the most

Missing employer life insurance

Many employers provide 1–2x salary as group life insurance. Families never claim it because they didn't know it existed.

Potential savings$50,000–$200,000

Missing the small estate option

Florida allows a simplified process for estates under $75,000. Most families don't know this exists and hire attorneys they don't need.

Potential savings$2,000–$5,000

Overpaying for a funeral

The same service can cost $3,000 at one home and $8,000 at another. The FTC requires funeral homes to share prices over the phone.

Potential savings$3,000–$5,000

Afterlight costs $149. One prevented mistake pays for it 10x over.

Every family's situation is different

Your relationship to the person who passed, whether there's a will, whether there's property — these all change which steps apply to you and in what order.

Answer a few quick questions and get a free personalized expert briefing tailored to your exact situation in Florida.

Get Your Free Personalized Guide
This guide provides general information about estate settlement in Florida and is not legal advice. Laws change, and every situation is unique. For the most current requirements, consult with a local probate attorney or your county probate court.