Steps Executors Must Take After a Loved One Dies in Florida

Losing a loved one is emotionally overwhelming. If you have been named as an executor (called a “personal representative” in Florida), you also carry important legal responsibilities. Florida probate law sets specific duties and timelines that must be followed to properly administer the estate. Here’s a clear overview of the key steps executors must take under Florida law.

1. Locate the Original Will

The first step is to locate the original Last Will and Testament. Under Florida law, the custodian of the will must file it with the Clerk of Court in the county where the decedent resided within 10 days of learning of the death. If there is no will, the estate will be administered according to Florida intestacy laws.

2. Determine the Type of Probate Required

Not every estate goes through the same probate process. In Florida, there are generally three types:

• Formal Administration (most common)

• Summary Administration (for smaller estates or when the decedent has been deceased for more than two years)

• Disposition Without Administration (very limited circumstances)

3. Petition the Court for Appointment

The named executor does not automatically have authority. You must petition the probate court to be officially appointed as Personal Representative. Once approved, the court issues Letters of Administration, which grant you legal authority to act on behalf of the estate.

4. Identify and Secure Assets

The executor must locate, gather, and safeguard all estate assets. This may include:

• Bank accounts

• Real estate

• Investment accounts

• Business interests

• Personal property

Certain assets, such as jointly owned property or accounts with named beneficiaries, may pass outside of probate.

5. Notify Creditors

Florida law requires executors to make a diligent search for creditors and publish a Notice to Creditors in a local newspaper. Known creditors must also receive direct notice.

Creditors typically have the later of 30 days (from service) or 3 months (from publication) to file claims. Proper notice is critical because it limits the time creditors can pursue the estate.

6. Pay Valid Debts and Expenses

Before distributing assets to beneficiaries, the executor must pay:

• Funeral expenses

• Court costs and attorney’s fees

• Valid creditor claims

• Taxes owed

Florida law establishes a priority order for payment of expenses and claims.

7. File Required Tax Returns

Depending on the size and nature of the estate, the executor may need to file:

• The decedent’s final individual income tax return

• Estate income tax returns

• Federal estate tax return (if applicable)

While Florida does not have a state estate tax, federal estate tax rules may apply to larger estates.

8. Distribute Assets to Beneficiaries

After debts and expenses are paid and court requirements are satisfied, the executor distributes the remaining assets according to the will — or under Florida intestacy laws if no will exists Proper documentation of all distributions is essential.

9. Close the Estate

Finally, the executor files paperwork with the court to formally close the probate estate. Once approved, the executor is discharged from further responsibilities.

Serving as an executor in Florida is both an honor and a serious legal duty. Probate can be complex, and mistakes may create personal liability. Working with an experienced Florida probate attorney helps ensure the estate is administered efficiently, legally, and in accordance with your loved one’s wishes.

If you’ve been named executor and need guidance, seeking legal advice early can make the process smoother during an already difficult time.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.