What To Do When Someone Dies in Florida (Step-by-Step Guide)
If you’ve just lost a loved one, you’re likely dealing with grief, uncertainty, and urgent decisions. This guide walks you through exactly what to do next—so you can protect your family, avoid costly mistakes, and understand whether probate is required.
IMMEDIATE STEPS (FIRST 24–48 HOURS)
When someone passes away, there are a few critical steps to take right away:
1. Obtain a Legal Pronouncement of Death This typically comes from:
● A hospital
● Hospice provider
● Medical professional
3. Secure the Property
● Lock the home
● Safeguard valuables
● Forward mail if necessary
2. Notify Close Family Members
Make sure key decision-makers are informed early
4. Locate Key Documents Look for:
● Will or trust
● Financial records
● Insurance policies
● Deeds or property documents
5. Order Death Certificates
You will need multiple certified copies to:
● Access accounts
● File claims
● Begin legal processes
DO YOU NEED PROBATE? (DECISION GUIDE)
One of the most important questions is whether probate is required. In Florida, probate may be necessary depending on how assets are titled.
You MAY NOT need probate if:
● Assets are in a revocable trust
● Accounts have named beneficiaries
● Property is jointly owned with rights of survivorship
You LIKELY need probate if:
● Assets are solely in the deceased person’s name
● There is no trust
● Real estate is owned individually
👉 If you’re unsure, use our Probate Calculator or speak with an attorney to evaluate your situation.
WHAT HAPPENS IF YOU DO NOTHING
Every estate is different, but here is a general overview:
First Few Weeks:
● Gather documents
● Determine if probate is required
● Identify assets and debts
1–3 Months:
● Open probate (if needed)
● Notify beneficiaries and creditors
3–12+ Months:
● Resolve debts
● Distribute assets
● Close the estat
More complex estates (multiple properties, businesses, or disputes) can take longer.
COST OF PROBATE IN FLORIDA
Costs vary depending on complexity, but may include:
● Court filing fees
● Attorney’s fees
● Appraisal costs
● Administrative expenses
Simple estates may be more straightforward. Estates with multiple properties, LLCs, or unclear ownership structures typically require more time and coordination.
WHEN YOU SHOULD SPEAK WITH AN ATTORNEY?
You should strongly consider speaking with an attorney if:
● There is real estate involved
● There is no trust in place ● There are multiple heirs or blended families
● The estate includes a business or investment properties
● You are unsure how assets are titled
Frequently Asked Questions
Still have questions? Take a look at the FAQ or reach out anytime. If you’re feeling ready, go ahead and apply.
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Not always, but delays can create complications depending on the assets.
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Only if you are a joint owner or named beneficiary.
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Florida law determines who inherits through intestate succession.
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Yes, properly funded trusts can allow assets to transfer without court involvement.
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Anywhere from a few months to over a year, depending on complexity.
FLORIDA PROBATE FAQ
(IMPORTANT ANSWERS)
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The first steps are to obtain a legal pronouncement of death, notify close family members, and secure any property or assets. You should also begin locating key documents such as a will, trust, insurance policies, and financial records. Ordering multiple certified death certificates early will help avoid delays when accessing accounts or starting legal processes.
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No. Not all estates require probate. Probate is typically not required if assets are held in a revocable trust, jointly owned with rights of survivorship, or have designated beneficiaries (such as life insurance or retirement accounts). Probate is usually required when assets are titled solely in the deceased person’s name without a beneficiary or trust.
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There is no strict deadline to open probate in Florida, but delaying can create complications. Certain filings, creditor timelines, and property issues can become more difficult if too much time passes. In most cases, it is advisable to evaluate whether probate is needed within the first few weeks after death.
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If probate is required and not opened, assets may remain inaccessible. Bank accounts can stay frozen, real estate cannot be legally transferred or sold, and debts or taxes may go unresolved. Over time, this can lead to financial issues, legal disputes, or complications for heirs trying to settle the estate. If you’re still unsure where your situation falls, the next step is simple.
BEFORE YOU SCHEDULE — A FEW QUICK QUESTIONS
To make the most of your time, we ask a few quick questions before scheduling. This helps determine the right next step based on your situation.
We’ll help you determine whether probate is required and what your next steps should be.Learn how the Florida probate process works and how to avoid common mistakes.
Estimate the potential cost and complexity of the estate.