After a death in Florida

Small estates

Summary administration (Fla. Stat. 735.201) when the Florida probate estate, not counting property exempt from creditors such as the homestead, is $150,000 or less, or when the person has been dead more than 2 years. The $150,000 limit took effect July 1, 2026 (ch. 2026-57). If there is a will, it must not direct formal administration. It is filed in circuit court, usually with a lawyer, and creditors must be paid or provided for. Disposition without administration (Fla. Stat. 735.301) is simpler. It applies when the only assets are exempt personal property and other personal property worth no more than the funeral bill and medical bills from the last 60 days of life.

• Limit: $150,000 (not counting exempt property), or any amount if dead more than 2 years
• Waiting time after the death: No minimum wait
• Source: the official source

Probate court

In Florida, estates are handled by the Circuit Court (probate division) in the county, usually in the county where the person lived.

Creditor claims: 3 months after the first publication of the notice to creditors, or 30 days after a known creditor is served, if later. All claims are barred 2 years after death.

Official court forms

Probate Smart Forms - Eleventh Judicial Circuit of Florida

Probate forms and self-help Summary Administration packets from the Miami-Dade circuit court.

Florida has no statewide court set of probate forms and no small estate affidavit. Summary Administration is the small estate process. This page is for Miami-Dade County, and other circuits post their own packets. Formal administration usually requires a Florida lawyer.

Estate and inheritance tax

• State estate tax: No. Florida has no state estate tax.
• Inheritance tax: No. Florida has no inheritance tax.

The federal estate tax applies only to very large estates. Most families do not owe it.

Property that passes outside probate

• Transfer on death deed for a home: No. Florida has no transfer on death deed law. The common alternative is an enhanced life estate deed, often called a Florida lady bird deed, which lets the owner keep full control and pass the home at death without probate.
• Community property state: No.

Accounts with a named beneficiary, jointly owned property and property in a living trust usually pass directly, without probate, in every state.

Wills

Signing a will: Signed at the end by the testator and 2 witnesses who sign in each other’s presence. A self-proving affidavit before a notary is common. Electronic wills and remote witnessing are allowed with extra safeguards, and vulnerable adults cannot use remote witnesses.

Handwritten wills: Not valid, even if it was valid in another state.

Power of attorney and health care directive

Financial power of attorney: Florida’s Power of Attorney Act (Fla. Stat. chapter 709) is based on, but not the same as, the Uniform Act. It must be signed by the principal and 2 witnesses and acknowledged before a notary (Fla. Stat. 709.2105). There is no statutory form. Certain powers, such as making gifts, creating or changing trusts, and changing beneficiaries, must be separately initialed or signed by the principal.

Health care directive: Designation of health care surrogate and living will (Fla. Stat. chapter 765). Each is signed with 2 adult witnesses, and at least one witness cannot be the spouse or a blood relative. The person named as surrogate cannot be a witness.

Death certificates

Certified copies come from the Florida Department of Health, Bureau of Vital Statistics, Jacksonville (also county health departments for deaths from 2009 on). The fee is $5 for the first copy, $4 for each extra copy ordered at the same time. Rush service adds $10, and VitalChek adds $7.. The funeral home can usually order them for you.

Anyone 18 or older can get a copy without the cause of death. Copies with the cause of death, for deaths less than 50 years ago, go only to the spouse, parent, adult child, or someone with a will, insurance policy, or other document showing an interest in the estate.

Most families need 6 to 12 certified copies. Banks, insurers and brokerages usually want a certified copy.

Also good to know

Florida homestead rules limit who can inherit the home when a spouse or minor child survives, and the homestead is usually protected from creditors. A person who does not live in Florida can serve as personal representative only if related to the deceased.