What to do when a loved one dies in Florida

The days after a death are hard, and the paperwork arrives quickly. Very little has to be decided in the first week. This note sets out a practical order of steps for Florida families, so the urgent matters are handled and nothing is done that is difficult to undo.

In the first few days

• Make funeral arrangements, following any written instructions or prepaid plan your loved one left.
• Ask the funeral home for several certified copies of the death certificate. Banks, insurance companies, and the court each usually need their own.
• Secure the home, vehicles, and valuables. Lock the house, keep the homeowner's insurance in force, and arrange care for any pets.
• Look for the original will and any trust documents, even if no probate case is opened right away.

File the original will with the clerk

Florida law requires anyone who has the original will to deposit it with the clerk of the circuit court in the county where the person lived within 10 days after learning of the death. For Venice, Nokomis, Osprey, North Port, and Sarasota, that is the Clerk of the Circuit Court in Sarasota County. For Port Charlotte, Punta Gorda, and the Charlotte County part of Englewood, it is the Clerk of the Circuit Court in Charlotte County. Depositing the will does not open a probate case; it keeps the original safe and available to the court.

What to avoid in the first weeks

• Do not pay your loved one's debts with your own money. Florida sets an order of priority for claims against an estate, and paying the wrong bill first can create problems later.
• Do not give away belongings or money until it is clear who is entitled to them and whether probate is needed.
• Do not sign documents for the estate that a creditor or collector sends until someone has legal authority to act.
• Do not close accounts or cancel insurance on the home before asking each company what it needs.

Notify the right people

• The Social Security Administration. Funeral homes often report the death, but it is worth confirming. A benefit payment received for the month of death may need to be returned.
• Banks, brokerage firms, and retirement plan administrators.
• Life insurance companies and annuity providers, which pay named beneficiaries directly.
• Pension plans, a former employer, and the Department of Veterans Affairs, if they apply.
• The county property appraiser, if the home had a homestead exemption. Whether the exemption continues depends on who owns and lives in the home next.

Find out what passes outside probate

Many assets never go through probate. Life insurance, retirement accounts, and payable-on-death or transfer-on-death accounts go to the named beneficiaries. Property owned jointly with rights of survivorship passes to the surviving owner, assets in a funded trust pass under the trust's terms, and a home transferred by a Lady Bird deed passes to the beneficiaries named in the deed.

A written list of everything your loved one owned, how each item was titled, and whether a beneficiary was named will show whether probate is needed and which kind.

Deciding whether probate is needed

Probate is generally needed for property in the person's name alone that has no beneficiary, surviving joint owner, or trust to pass it. Smaller estates, generally $150,000 or less not counting exempt property, may qualify for summary administration, which usually takes one to three months. Florida raised this limit from $75,000 to $150,000 on July 1, 2026. If the person died before that date, confirm which limit applies to the estate. Most other estates use formal administration, which usually takes six to twelve months. If your loved one left a trust, the successor trustee, the person named to take over the trust, has separate duties, including notices to the beneficiaries within 60 days.

Taking time for your family

Most estate matters can wait a few weeks while the family grieves. What should not wait is securing property, filing the original will, and avoiding early payments or distributions. Once those are handled, a conversation with an attorney can set out the rest in the proper order.

Spanski Law works with families in Venice and throughout Florida after a loss, and most probate work can be handled by phone, email, and mail for relatives who live elsewhere. The first step is a complimentary 15-minute call or in-person consultation.