What to Do When Someone Dies in Florida

When a loved one passes away, the grief and emotional weight of the loss can make it difficult to think clearly about the practical and legal steps that must be taken. However, Florida law imposes specific deadlines and obligations that begin immediately upon death. Knowing what to do—and in what order—can help you protect the decedent’s assets, comply with legal requirements, and ensure that the estate is administered properly.

At the Law Offices of Albert Goodwin, PA, we guide families through the legal process that follows a loved one’s death, from the initial steps of securing property and filing the will through the completion of probate or trust administration. The following is a practical guide to the steps you should take when someone dies in Florida.

Immediate Steps

Notify the Appropriate Authorities

If the death occurs at home and is unexpected, call 911 immediately. If the person was under hospice care or passed away in a hospital or nursing facility, the facility staff will handle the initial notifications. A physician or medical examiner must formally pronounce the death and determine the cause of death.

Contact a Funeral Home

You will need to select a funeral home to handle the decedent’s remains. The funeral home will coordinate with the medical examiner or attending physician to complete the death certificate. If the decedent left written instructions regarding burial, cremation, or other final arrangements, locate those instructions as soon as possible.

Obtain Death Certificates

You will need multiple certified copies of the death certificate. These are required for filing with the probate court, claiming life insurance proceeds, transferring bank accounts, accessing safe deposit boxes, transferring real property, and many other purposes. We recommend obtaining at least 10 to 15 certified copies from the funeral home or the Florida Bureau of Vital Statistics. Additional copies can be ordered later, but having enough copies from the outset will avoid delays.

Secure the Decedent’s Property

As soon as possible after the death, take steps to secure the decedent’s property. This includes:

• Locking the decedent’s home and ensuring it is secure
• Collecting and safeguarding jewelry, cash, and other valuables
• Securing vehicles and other titled property
• Collecting mail and monitoring for important correspondence
• Notifying the homeowner’s insurance company that the property is unoccupied, if applicable

If there is a concern that someone may attempt to remove or misappropriate assets, act quickly. The personal representative of the estate has the legal duty to marshal and protect estate assets, but until a personal representative is formally appointed by the court, family members should take reasonable steps to prevent loss or theft.

Find the Will and Trust Documents

Locate the decedent’s original will, any trust documents, and other estate planning instruments such as powers of attorney, health care surrogates, and beneficiary designations. Common places to look include:

• The decedent’s home (a home safe, filing cabinet, or desk)
• A safe deposit box at a bank
• The office of the attorney who prepared the documents
• With a trusted family member or friend

If the original will cannot be found, Florida law creates a rebuttable presumption that the decedent destroyed the will with the intent to revoke it. For this reason, locating the original will—not just a copy—is critically important.

Accessing a Safe Deposit Box

Under F.S. § 655.935, a bank must allow certain persons to access the decedent’s safe deposit box for the limited purpose of locating a will, burial instructions, or insurance policies. The person seeking access must present a certified copy of the death certificate and proper identification. The bank will inventory the contents of the box in the presence of a bank officer, and the will or burial instructions may be removed, but other contents must remain in the box until a personal representative is appointed or other legal authority is obtained.

File the Will with the Court

Florida law requires that any person who has custody of a decedent’s will must deposit the original will with the clerk of the circuit court in the county where the decedent resided within 10 days after learning of the death. This requirement is set forth in F.S. § 732.901. Failure to file the will with the court within this time period can result in personal liability to any person who is damaged by the delay.

Filing the will with the court does not by itself open probate. It simply places the will in the custody of the court for safekeeping. A separate petition must be filed to open probate proceedings.

Open Probate or Begin Trust Administration

Probate

If the decedent owned assets in their individual name that do not pass automatically to a surviving joint owner or named beneficiary, probate will likely be necessary. The probate process involves filing a petition with the circuit court to admit the will to probate (or to open an intestate estate if there is no will) and to appoint a personal representative. The personal representative is then authorized to marshal assets, pay debts and claims, file taxes, and distribute the estate to the beneficiaries or heirs.

If the decedent died without a will, the estate will be distributed according to Florida’s intestate succession statutes.

Trust Administration

If the decedent created a revocable living trust and transferred their assets into the trust during their lifetime, trust administration may be the primary vehicle for settling the estate rather than probate. Upon the grantor’s death, the successor trustee named in the trust document assumes responsibility for administering the trust, including notifying beneficiaries, paying debts and taxes, and distributing trust assets according to the trust terms.

Notify Beneficiaries and Heirs

Florida law requires that beneficiaries named in the will and the decedent’s heirs at law be notified of the probate proceedings. The personal representative must serve a copy of the notice of administration on all interested persons within three months of appointment. Similarly, a successor trustee must provide notice to the trust beneficiaries as required by the Florida Trust Code.

Notify Creditors

One of the most important functions of probate is establishing a deadline for creditors to file claims against the estate. The personal representative must publish a Notice to Creditors in a local newspaper and serve known or reasonably ascertainable creditors with a copy of the notice. Creditors generally have three months from the date of first publication (or 30 days from the date of service of the notice, whichever is later) to file their claims. Claims not filed within the applicable deadline are barred.

File Tax Returns

The personal representative or successor trustee is responsible for filing the decedent’s final individual income tax return (for the year of death), any required estate income tax returns (IRS Form 1041), and, if applicable, a federal estate tax return (IRS Form 706). Florida does not impose a separate state estate tax or inheritance tax, but federal estate tax obligations may apply to larger estates.

Handle Practical Matters

In addition to the legal steps described above, there are many practical matters that must be addressed after a loved one dies:

• Mortgage and housing – Contact the mortgage company to discuss options. If the property is a Florida homestead, special constitutional protections may apply that restrict the disposition of the property.
• Utilities – Contact utility companies to transfer accounts or arrange for continued service if the property will remain occupied or needs to be maintained during estate administration.
• Mail – File a change-of-address form with the U.S. Postal Service to forward the decedent’s mail to the personal representative or a responsible family member.
• Bank accounts – Notify the decedent’s bank and financial institutions of the death. Accounts held jointly or with a payable-on-death designation will pass directly to the surviving owner or designated beneficiary. Accounts held in the decedent’s individual name will become part of the probate estate.
• Social Security – Notify the Social Security Administration of the death. A surviving spouse may be entitled to survivor benefits. The funeral home will typically report the death to Social Security, but it is advisable to confirm.
• Veterans benefits – If the decedent was a veteran, contact the U.S. Department of Veterans Affairs to inquire about burial benefits, survivor benefits, and any other available assistance.
• Insurance – File claims with life insurance companies as soon as possible. You will need a certified death certificate and the policy information. Also notify health, auto, and homeowner’s insurance carriers.

Contact a Florida Probate and Estate Attorney

Navigating the legal and practical obligations that arise after a loved one’s death can be overwhelming. The Law Offices of Albert Goodwin, PA can guide you through every step of the process, from securing assets and filing the will to completing probate or trust administration and distributing assets to the beneficiaries.

Contact us today for a consultation. You can reach us by phone at 786-522-1411, by email at [email protected], or visit our office at 121 Alhambra Plz #1000, Coral Gables, FL 33134.