What to Do When a Loved One Dies in Florida: A Probate Checklist

Losing a loved one is never easy. In the midst of grief, many Florida families also find themselves overwhelmed with legal, financial, and logistical responsibilities—often with little guidance on where to begin.

If you're facing the probate process after the passing of a family member, you're not alone—and you don’t have to figure it all out yourself.

This Florida probate checklist will help you take the right steps, avoid delays, and protect your loved one’s legacy with clarity and compassion.

Step 1: Secure the Death Certificate

Before you can move forward with any legal or financial matters, you’ll need certified copies of the death certificate from the funeral home or Florida Department of Health. These are needed to:

• File life insurance claims

• Access bank and investment accounts

• Initiate the probate process

• Notify government agencies

Request multiple certified copies—at least 6 to 10.

Step 2: Locate the Will or Estate Plan

If your loved one had a Last Will and Testament, locate the original document as soon as possible. It may be kept in:

• A safe deposit box

• A home filing cabinet or lockbox

• With an attorney or estate planner

If there is no will, the estate will proceed through probate under Florida’s intestate succession laws—which means the court decides who inherits based on next of kin.

Step 3: Identify the Personal Representative (Executor)

The personal representative (known as an “executor” in other states) is the person named in the will to manage the estate. If no one is named or willing to serve, the court will appoint someone—usually a close family member.

The personal representative is responsible for:

• Filing the probate petition

• Notifying creditors and beneficiaries

• Managing and distributing assets

• Filing final taxes and closing the estate

This is a legal role with fiduciary responsibility, so choosing the right person matters.

Step 4: File for Probate in the Correct Florida County

Probate typically begins in the county where your loved one lived at the time of death. A probate attorney can help file a petition for administration in the appropriate Florida court.

At Absolute Law Group, we routinely help families file in:

• Marion County

• Sumter County

• Lake County

• Citrus County

• And surrounding areas

Probate may be formal, summary, or ancillary depending on the estate's size and circumstances. A lawyer can help determine the best path.

Step 5: Notify Creditors, Heirs, and Government Agencies

Florida law requires formal notice to be given to:

• Known creditors of the estate

• Named beneficiaries in the will

• Heirs if there is no will

• The IRS and Social Security Administration

• Banks, lenders, and insurance companies

This step ensures that debts are resolved and assets are distributed properly—and helps avoid future legal disputes.

Step 6: Gather and Secure Assets

The personal representative is responsible for identifying and safeguarding all assets in the estate. This may include:

• Real estate

• Bank and retirement accounts

• Vehicles

• Life insurance proceeds

• Personal belongings

• Business interests

An experienced probate attorney can help ensure proper documentation and asset valuation.

Step 7: Pay Final Bills and Taxes

Before assets can be distributed to heirs, the estate must:

• Pay off valid debts and claims

• File and pay final income taxes

• File estate tax returns, if applicable

• Resolve any disputes or creditor issues

This is one of the most time-sensitive and error-prone parts of probate—professional guidance is strongly advised.

Step 8: Distribute Assets and Close the Estate

Once debts and taxes are paid and the court gives approval, the remaining assets can be distributed to beneficiaries according to the will (or state law).

Finally, the personal representative must:

• Provide a final accounting

• Submit proof of distributions

• File a petition for discharge to close the estate

This step officially ends the probate process.

Florida Probate Timeline: What to Expect

Most probate cases in Florida take 6 to 12 months from start to finish. Complex estates, disputes, or lack of planning can extend this timeline.

Working with an experienced probate attorney can streamline the process and reduce the burden on your family during a difficult time.

How We Help Florida Families Navigate Probate

At Absolute Law Group, we’ve guided hundreds of Florida families through probate with compassion, clarity, and care. Whether the estate is simple or complex, we’re here to help you avoid mistakes, stay organized, and honor your loved one’s wishes.

We can assist with:

• Formal or summary probate filings

• Estate administration for executors

• Resolving disputes or unclear wills

• Out-of-state family members needing Florida probate help

Start with a Free Probate Consultation

If you’ve recently lost a loved one, you don’t have to do this alone. Let us walk you through the next steps, answer your questions, and provide the support your family needs.

👉 Schedule a consultationOr call us today to speak directly with our probate team.