What to Do When Someone Dies in Miami-Dade County, Florida

Reviewed by Albert Goodwin, Esq., principal attorney at the Law Offices of Albert Goodwin, PA, admitted to The Florida Bar. Last updated: June 2024.

When a loved one dies in Miami-Dade County, grief collides with a wave of deadlines that Florida law starts running almost immediately. This page is the starting point—a map of the entire process and the specific Miami-Dade logistics (which clerk to call, where to get death certificates, which newspaper to publish in). Each step links to a dedicated, in-depth guide where you can learn more about that single issue. If you only read one page first, read this one, then follow the links that apply to your situation.

At the Law Offices of Albert Goodwin, PA, based in Coral Gables and serving all of Miami-Dade, we help families move through this process in the correct order so nothing is missed. Below is the orientation roadmap.

The First 10 Days: A Miami-Dade Timeline

• Day of death: Pronouncement of death and notification of authorities.
• Days 1–5: Select a funeral home; order certified death certificates; secure the home and assets.
• Within 10 days of learning of the death: Deposit the original will with the Miami-Dade Clerk of Court (F.S. § 732.901).
• After the will is deposited: File a separate petition to open probate in the Miami-Dade Probate Division.
• Within ~3 months of appointment: Publish Notice to Creditors and serve the Notice of Administration.

Immediate Steps After Death

Notify the Appropriate Authorities

If the death occurs unexpectedly at home, call 911. In Miami-Dade, a death that is sudden, unattended, or potentially non-natural is reported to the Miami-Dade County Medical Examiner Department (located near Jackson Memorial). If the person was in hospice, a hospital, or a nursing facility, the staff handle the initial notifications and a physician pronounces the death.

Contact a Funeral Home

The funeral home coordinates with the attending physician or the Medical Examiner to complete the death certificate and registers it electronically with the State. Locate any written final-arrangement instructions the decedent left.

Obtain Certified Death Certificates

You will need several certified copies—for the probate court, life insurance, banks, the safe deposit box, and real-estate transfers. The funeral home usually orders the first batch. In Miami-Dade, additional certified copies are available through the Florida Department of Health in Miami-Dade County, Office of Vital Statistics, or statewide through the Florida Bureau of Vital Statistics in Jacksonville. We recommend ordering 10 to 15 certified copies. Note that a death certificate with cause of death is restricted under F.S. § 382.025 to the spouse, parent, child, or other entitled persons—but you can order an unlimited number without cause of death for most financial purposes.

Secure the Decedent’s Property

Before anyone is formally appointed, family members should take reasonable steps to prevent loss or theft: lock the home, safeguard jewelry, cash, and valuables, secure vehicles, collect mail, and notify the homeowner’s insurer if the property will be unoccupied. Until the court appoints someone, no one has formal legal authority to enter or remove items—a frequent source of disputes among heirs.

For your exact rights to enter the home, change locks, or remove belongings before appointment, see our detailed guide on access to property after death.

Find the Will and Trust Documents

Locate the original will, any trust documents, powers of attorney, healthcare surrogate designations, and beneficiary designations. Common locations include a home safe or filing cabinet, a bank safe deposit box, or the office of the attorney who drafted them. If only a copy can be found, Florida law presumes the decedent destroyed the original with intent to revoke it—so finding the original matters greatly.

For a full search strategy, including what to do when no will turns up, read how to find a will. To confirm whether a document is even valid in Florida, see Florida will requirements.

Accessing a Safe Deposit Box

Under F.S. § 655.935, a Florida bank must allow certain persons to open the decedent’s safe deposit box for the limited purpose of removing a will, burial instructions, or a life insurance policy. You must present a certified death certificate and identification, and a bank officer will inventory the box. Other contents stay in the box until a personal representative is appointed.

File the Original Will with the Miami-Dade Clerk

Under F.S. § 732.901, whoever has custody of the original will must deposit it with the clerk of the circuit court in the county of residence—the Miami-Dade Clerk of the Circuit Court—within 10 days of learning of the death. A small statutory deposit fee applies. Failing to deposit the will can expose the custodian to personal liability to anyone harmed by the delay.

Important: depositing the will does not open probate. It only places the document in the court’s custody. A separate petition is required to start the case. Learn more in our overview of Florida Statutes Chapter 732.

Open Probate or Begin Trust Administration

Probate in the Miami-Dade Probate Division

If the decedent owned assets in their sole name that do not pass automatically to a joint owner or named beneficiary, probate is likely necessary. Miami-Dade probate cases are handled by the Probate Division of the Eleventh Judicial Circuit, and petitions are filed through the Florida Courts E-Filing Portal (myflcourtaccess.com). Florida requires an attorney for formal administration unless the personal representative is the sole interested party.

A petition asks the court to admit the will (or open an intestate estate) and appoint a personal representative, who then receives Letters of Administration authorizing them to act. To understand the difference between roles, see executor vs. administrator. If the decedent left no will, the estate passes under Florida’s intestate succession rules.

Wondering how long it all takes in Miami-Dade? See how long does probate take. To learn what assets skip probate entirely, see avoiding probate.

Trust Administration

If the decedent had a funded revocable living trust, the successor trustee administers the trust outside of probate—notifying beneficiaries, paying debts and taxes, and distributing assets per the trust terms. This often runs parallel to a small probate for any assets left out of the trust.

Notify Beneficiaries and Creditors

The personal representative must serve the Notice of Administration on interested persons. Under F.S. § 733.2121, the personal representative must also publish a Notice to Creditors once a week for two consecutive weeks in a newspaper of general circulation in Miami-Dade—commonly the Miami Daily Business Review or another qualified county newspaper—and must serve a copy on known or reasonably ascertainable creditors.

Under F.S. § 733.702, creditors generally have three months from first publication (or 30 days from service of the notice, whichever is later) to file claims, and claims are ultimately barred by F.S. § 733.710. For the full procedure, including objecting to improper claims, see creditor claims.

File Tax Returns

The personal representative or trustee files the decedent’s final income tax return, any estate income tax return (IRS Form 1041), and, for larger estates, a federal estate tax return (IRS Form 706). Florida has no state estate tax or inheritance tax, but federal estate tax may apply to estates above the federal exemption.

Handle Practical Matters

• Homestead: A Miami-Dade primary residence may carry constitutional homestead protections that restrict how the property may be devised and shield it from most creditors.
• Bank accounts: Joint and payable-on-death accounts pass directly; sole accounts join the probate estate. See do bank accounts go through probate.
• Mail: File a change-of-address with the U.S. Postal Service to forward the decedent’s mail to the personal representative or a responsible family member so important notices are not missed.
• Social Security: The funeral home usually reports the death; confirm it and ask about survivor benefits.
• Veterans benefits: Contact the U.S. Department of Veterans Affairs about burial and survivor benefits if the decedent served.
• Insurance: File life insurance claims promptly and notify health, auto, and homeowner’s carriers.
• Real estate: To remove the decedent from title, see how to remove a deceased person from a deed and how to transfer property after death.

Frequently Asked Questions

How soon must I file the will in Florida?

Within 10 days of learning of the death, the custodian of the original will must deposit it with the clerk of the circuit court in the decedent’s county of residence—in Miami-Dade, the Clerk of the Circuit Court—under F.S. § 732.901. Depositing the will is separate from opening probate.

Who can secure the home before a personal representative is appointed?

No one has formal legal authority over estate property until the court issues Letters of Administration. However, family members may take reasonable, protective steps—locking the home, safeguarding valuables—to prevent loss. Removing or distributing assets before appointment can create liability and disputes. See access to property after death.

Where do I get a certified death certificate in Miami-Dade?

Your funeral home typically orders the first copies. Additional certified copies are available from the Florida Department of Health in Miami-Dade County (Office of Vital Statistics) or the Florida Bureau of Vital Statistics. Order copies without cause of death for most financial transactions.

Do I need a lawyer to open probate in Miami-Dade?

For formal administration, Florida generally requires the personal representative to be represented by an attorney unless they are the sole interested person. Cases are filed through the statewide E-Filing Portal and assigned to the Eleventh Circuit Probate Division.

Is there a Florida estate or inheritance tax?

No. Florida imposes neither a state estate tax nor an inheritance tax. Only federal estate tax may apply, and only to estates exceeding the federal exemption.

Talk to a Miami Probate Attorney

The steps above are an orientation, not legal advice for your specific situation. The Law Offices of Albert Goodwin, PA can guide you from the first day through final distribution—securing assets, filing the will, opening probate or administering a trust, and resolving creditor claims and disputes.

Contact us for a consultation. Call 786-522-1411, email [email protected], or visit our office at 121 Alhambra Plaza #1000, Coral Gables, FL 33134.