A Florida Checklist for Settling an Estate, Step by Step

Being asked to settle a loved one’s estate in Florida can feel overwhelming, especially when you’ve never done it before. The work breaks down into a manageable sequence. This checklist walks through the major steps under the Florida Probate Code so you know what’s coming and roughly in what order.

1. Secure the Person and the Property

Before any legal step, protect what’s there. Locate the original will, secure the home, forward mail, and safeguard valuables, vehicles, and pets. Don’t pay debts or distribute anything yet, and avoid moving money out of the decedent’s accounts.

2. Gather the Core Documents

You’ll need several certified death certificates, the original will (Florida requires the original, not a copy, to begin probate), deeds, account statements, insurance policies, and beneficiary forms. Note that a financial power of attorney under Chapter 709 ends at death and can no longer be used.

3. Figure Out Which Process Applies

Florida offers more than one path:

• Summary administration for smaller or older estates that qualify
• Formal administration for most estates needing a personal representative
• Disposition without administration for very small estates with limited assets

Many assets, like POD accounts, life insurance, and Lady Bird deed property, pass outside probate entirely and won’t go on this track at all.

4. Open the Estate and Get Appointed

For formal administration, the will is filed with the circuit court in the county where the decedent lived, and the named personal representative petitions to be appointed. The court issues Letters of Administration, the document that gives you authority to act on the estate’s behalf.

5. Notify and Inventory

Once appointed, you generally must notify beneficiaries, serve a Notice to Creditors, and file an inventory of the probate assets with values as of the date of death. Florida sets specific deadlines for these steps, so calendar them early.

6. Handle Debts, Claims, and Homestead

Creditors have a limited window to file claims. You review each claim, pay valid ones in the order Florida law requires, and object to those that aren’t proper. Florida homestead property (Art. X, Section 4) is often protected from general creditor claims and is handled separately. Remember Florida has no state estate or inheritance tax, though a final income tax return may still be due.

7. Watch for Spousal Rights

A surviving spouse may be entitled to an elective share under Section 732.2065 and related statutes, plus homestead and family allowance rights. These rights can apply even if the will says otherwise, so confirm them before distributing.

8. Distribute and Close

After debts, taxes, and expenses are settled, you distribute the remaining assets to the beneficiaries, obtain receipts, file a final accounting, and petition to close the estate and be discharged from your duties.

Get Florida Guidance Before You Start

This checklist is a map, not a substitute for advice tailored to your situation. Deadlines, creditor priorities, and spousal rights all carry real consequences if missed. A Florida probate attorney can confirm which path fits and keep the administration on track from opening to discharge.