When someone you love dies, legal and financial tasks can feel especially difficult. A thoughtful estate plan may make some steps easier, but even a well-planned estate requires attention. Start with immediate practical needs, locate important documents and seek help with the decisions you are being asked to make.
Probate Determination
The next legal steps depend on what the person owned, how each asset was titled, and whether an effective beneficiary or survivorship arrangement applies. A will provides instructions for probate property, but owning a will does not determine by itself whether probate will be needed.
Joint ownership avoids probate only when the ownership arrangement provides a valid right of survivorship. A deceased tenant in common’s share may still require probate. Life insurance, retirement accounts and other assets with effective beneficiary designations generally pass under those designations, but a missing or failed designation can change the result. Review the actual records before deciding whether the probate process is needed.
Trusts
Property properly held in a trust can generally be administered by the successor trustee without probate. The trustee must still confirm authority, identify beneficiaries, address expenses and obligations, and follow the trust’s terms. Distribution is not always immediate, and property outside the trust may require a separate probate proceeding.
Probate Process
Florida generally requires a person who holds the will to deposit it with the proper court clerk within ten days after learning of the death. Depositing a will is different from opening an estate or receiving authority to act. A person nominated in a will normally must obtain a court appointment before exercising the full powers of personal representative. The correct procedure depends on the assets, claims and other circumstances, including whether there is a valid will.
Creditor Claims
Formal administration includes requirements for creditor notice and a diligent search for reasonably ascertainable creditors. Claims, objections, exemptions and statutory payment priorities must be reviewed before money is distributed. Avoid paying disputed bills or making early distributions without understanding the consequences, and do not assume you personally owe the deceased person’s debts.
Taxes
Florida currently imposes no separate state estate or inheritance tax, but another state’s tax may matter when the deceased person or property had connections there. Federal estate-tax filing depends on the applicable year’s rules, estate value and other factors. A return may also be useful to elect portability for a surviving spouse even when no estate tax is due. Final individual income-tax returns and estate or trust income-tax returns are separate issues to review with the appropriate advisers.
Final Distribution
Once applicable debts, taxes, administration expenses, and other obligations have been addressed, the personal representative can complete distributions and ask the court to close the estate. Depending on the circumstances, appropriate interim distributions may be possible. We can help the family understand the sequence and its responsibilities.
Sources: Florida Statutes § 732.901; Florida Statutes § 733.707; IRS Form 706 instructions.
Updated October 26, 2026.