What Families Need to Know After a Death in Florida

Florida has some of the most distinctive estate laws in the country — from its unusually strict homestead rules that restrict who can inherit the family home, to its formal probate requirements and residency rules for personal representatives. This guide covers the six areas where Florida law most affects what families need to do after a death.

Probate
Probate & Small Estates in Florida

Florida probate is filed in the Circuit Court of the county where the deceased lived. Florida is one of the more formal probate states — even relatively modest estates often require attorney involvement, and non-family non-residents cannot serve as personal representatives at all.

Florida offers simplified tracks for smaller estates. Disposition Without Administration (§ 735.301) is available when the only assets are exempt property plus non-exempt personal property worth no more than the preferred funeral expenses and the reasonable medical and hospital expenses of the last 60 days of the final illness. It is a narrow category, handled by a simple application to the court. Summary Administration (§ 735.201) is available when the estate subject to administration in Florida, less exempt property, is worth $150,000 or less, or when the person has been dead for more than two years, regardless of estate size. The limit rose from $75,000 to $150,000 on July 1, 2026 (Laws of Florida ch. 2026-57). Summary administration is faster and less expensive than formal administration.

Formal administration is required for all other estates. Florida requires publication of a Notice to Creditors. Creditors must file claims within 3 months after the first publication, or, for creditors who must be served with a copy of the notice, within 30 days after service if that is later (§ 733.702). Most claims are barred in any case 2 years after death (§ 733.710).

One important Florida rule: a personal representative who does not live in Florida can serve only if they are a close enough relative: a legally adopted child or adoptive parent, anyone related by blood in a direct line (such as a child, grandchild, parent, or grandparent), a spouse, sibling, uncle, aunt, nephew, or niece, a descendant of any of those relatives, or the spouse of anyone who qualifies (§ 733.304). A friend or more distant relative who lives out of state cannot serve as personal representative — even if named in the will.

If you are weighing whether to hire an attorney, see probate lawyer costs by state for typical fee ranges, including Florida. Executor pay is covered in executor fees by state.

Wills
Will Signing Requirements in Florida

A valid Florida will requires the signature of the testator plus two witnesses who must sign in the presence of the testator and in the presence of each other. This mutual-presence requirement is strictly enforced. Notarization is not required for a valid will, but a self-proving affidavit (notarized) speeds up probate by eliminating the need to locate witnesses later.

Florida is one of the states that does not recognize holographic wills — an unwitnessed handwritten will is not valid in Florida. This is a meaningful distinction from many other states, including Texas and California. If someone drafted a handwritten document purporting to be a will without witnesses, it will not be admitted to probate in Florida.

Only the original will can be admitted to Florida probate. If the original cannot be located, Florida law creates a rebuttable presumption that it was destroyed with the intent to revoke it. Overcoming this presumption is difficult and typically requires clear and convincing evidence.

Advance Directive
Advance Directives in Florida

Florida offers two main advance directive documents, which can be executed separately or combined in a single document.

The Designation of Health Care Surrogate names a person to make healthcare decisions when the patient cannot. To be valid, it must be signed by the principal in the presence of two adult witnesses, and at least one witness must be neither the principal's spouse nor a blood relative (§ 765.202). The statute does not require a notary.

The Living Will states the patient's wishes regarding life-prolonging procedures. It requires the same two-witness signing requirement. Both documents are widely accepted by Florida hospitals, hospice facilities, and care providers.

For patients who do not want resuscitation outside a hospital, Florida uses a separate DNRO (Do Not Resuscitate Order) — a bright-yellow physician-signed form that must be immediately accessible to emergency responders.

If no advance directive exists and the patient becomes incapacitated, Florida has a statutory priority list for health care decisions (§ 765.401): a court-appointed guardian, then the spouse, then an adult child (or a majority of adult children), then a parent, then an adult sibling (or a majority of siblings), then an adult relative who has shown special care and concern, then a close friend, and finally a clinical social worker chosen by the provider's bioethics committee. Each person must be reasonably available, willing, and competent to act. This list governs who may make decisions absent a formal designation.

Homestead
Florida Homestead Rules at Death

Florida homestead law is among the most protective — and most complex — in the country. Understanding how the homestead passes at death is critical, because the rules override what the will says.

The core restriction: if the deceased had a surviving spouse or minor children, the homestead cannot be freely devised to anyone else by will. The law controls who receives it, not the will.

If there is a surviving spouse, the surviving spouse receives a life estate in the homestead, with the remainder passing to the deceased's lineal descendants. The surviving spouse can elect instead to take an undivided one-half interest as tenant in common (giving them an ownership share they can sell or pass on), but this election must be made within 6 months of the date of death.

If there is no surviving spouse but there are minor children, the homestead cannot be devised away from those children at all — regardless of what the will says.

The homestead is also exempt from forced sale by creditors — both during the owner's life and after death. The exceptions are taxes and assessments, debts for buying, improving, or repairing the property (such as a purchase-money mortgage), and debts for labor performed on it (Florida Constitution art. X, § 4). This means creditors of the estate generally cannot reach the homestead to satisfy debts.

Important practical note: the homestead designation does not automatically transfer title. Even when the rules are clear about who receives the property, the title must still be transferred through the proper legal procedure — either through probate or a separate court petition.

Vehicle Transfer
Transferring a Vehicle After Death in Florida

For vehicles in estates that are not going through probate, heirs can transfer title at the county tax collector's office using the Application for Certificate of Title (Form HSMV 82040) plus an affidavit that the estate is not indebted and that the heirs agree on who receives the vehicle (Florida Statutes § 319.28). All heirs sign the form's release section. A surviving spouse who is entitled to the title may also be able to assign the decedent's certificate of title to someone else without first titling it in their own name (§ 319.28(1)(d)).

If the estate is going through formal or summary probate, the personal representative uses Letters of Administration (or Letters of Administration for Summary Administration) to transfer title through the Florida Highway Safety and Motor Vehicles office.

For vehicles held in joint ownership with right of survivorship, the surviving owner simply presents the death certificate to the FLHSMV — title passes automatically without any affidavit or court order.

Vehicles held in a living trust transfer to the successor trustee without court involvement, using the trust documents and death certificate.

Medicaid Recovery
Medicaid Estate Recovery in Florida

Florida's Medicaid Estate Recovery Program recovers long-term care costs from estates of recipients who were age 55 or older when they received those services.

Florida recovers by filing a claim in the deceased person's probate case (Florida Statutes § 409.9101). The claim cannot be enforced against property that is exempt from creditors, such as a protected homestead.

No claim is enforced when the Medicaid recipient is survived by a spouse, a child under age 21, or a child who is blind or permanently and totally disabled. Heirs can also ask the agency to waive recovery for undue hardship.

Assets that pass outside probate — such as property in a funded revocable living trust, jointly owned accounts with survivorship rights, or accounts with named beneficiaries — are generally not reached by a Florida estate recovery claim.

If the decedent was 55 or older, the personal representative must promptly serve a copy of the notice to creditors and a copy of the death certificate on the Florida Agency for Health Care Administration (AHCA) within 3 months after the first publication of the notice, unless AHCA has already filed a claim (Florida Statutes § 733.2121(3)(d)). After a Medicaid recipient's death, heirs should also contact AHCA to determine whether a recovery claim will be filed against the estate.

For how the federal estate recovery rules work, which survivors are protected, and how hardship waivers work, see our guide to Medicaid estate recovery.

Intestacy
What Happens Without a Will in Florida

If someone dies in Florida without a valid will, the estate passes under Florida's intestate succession laws (Florida Statutes §§732.101–732.111). These rules give priority to the surviving spouse and blood relatives. Unmarried partners, long-term companions, and stepchildren who were never formally adopted receive nothing regardless of the nature of the relationship.

Florida's intestacy distribution depends primarily on whether there is a surviving spouse and whether all descendants are also descendants of that spouse:

• Surviving spouse + descendants who are all also the spouse's descendants: Everything passes to the surviving spouse.
• Surviving spouse + descendants, but at least one of the deceased's descendants is not the spouse's descendant, or the spouse has descendants from another relationship: Surviving spouse receives one-half; the deceased's descendants share the remaining half per stirpes (§ 732.102).
• Surviving spouse, no descendants: Everything passes to the surviving spouse.
• No surviving spouse, descendants surviving: Everything passes to descendants per stirpes.
• No surviving spouse, no descendants: Estate passes to parents equally; if one parent predeceased, all to the surviving parent. If no parents survive, to siblings and their descendants.

Florida does not recognize common-law marriages formed within the state. Adopted children are treated identically to biological children under intestacy. A surviving stepchild who was never legally adopted does not inherit. If you are an heir in an intestate estate, you will typically need Letters of Administration from the Circuit Court before you can manage or distribute any estate assets.

Elective Share
The Elective Share: Surviving Spouse Rights

Florida law gives a surviving spouse the right to elect against the will and claim a minimum inheritance regardless of what the will provides. Under Florida Statutes §732.2065, the elective share equals 30% of the elective estate — an augmented calculation that includes both probate assets and certain assets transferred during the deceased's lifetime, preventing a spouse from being disinherited through lifetime transfers.

This right matters most when a will leaves the surviving spouse little or nothing — for example, when a person with children from a prior marriage leaves all assets to those children. The surviving spouse can reject the will's terms and instead take the 30%.

The election must be made by the earlier of two deadlines: six months after the surviving spouse is served with the Notice of Administration, or two years after the date of death (§ 732.2135). Once the deadline passes without an election, the right is lost.

The elective share right can also be waived in advance by a valid prenuptial or postnuptial agreement. If the surviving spouse's share under the will already equals or exceeds 30% of the elective estate, there is no additional amount to claim. If you believe the elective share may apply in your situation, contact a Florida estate attorney promptly — once probate is formally opened, the deadline begins running.

Real Estate
Avoiding Probate on Real Estate: Lady Bird Deeds

Florida does not have a statutory Transfer-on-Death deed for real estate, unlike many other states. For Florida homeowners who want real property to pass outside probate, the two main options are a Lady Bird deed (also called an Enhanced Life Estate Deed) or a revocable living trust.

A Lady Bird deed works as follows: the property owner (grantor) conveys the property to one or more named beneficiaries but retains the unconditional right to sell, mortgage, lease, or otherwise control the property during their lifetime — including the right to revoke the deed entirely by recording a new one. At death, the property passes automatically to the named beneficiaries without probate, without a court order, and without any action required from the beneficiaries during the grantor's lifetime.

This is a meaningful improvement over a standard life estate deed. With a conventional life estate, the grantor cannot sell or refinance without the consent of the remainder beneficiaries. A Lady Bird deed preserves full control.

Lady Bird Deeds and Medicaid Recovery

Lady Bird deeds can also matter for Medicaid planning in Florida. Because the property passes to the named beneficiaries outside probate, it is generally not part of the probate estate that Florida's Medicaid estate recovery claim is filed against. Homestead property may already be protected, so the deed matters most for non-homestead real estate or where the probate route would otherwise be needed.

Lady Bird deeds are not created by a single Florida statute but are well established in Florida practice and accepted by Florida title companies. The deed must be recorded in the county where the property is located to be effective.

Death Certificates
Getting a Death Certificate in Florida

Florida death certificates are issued by the Florida Department of Health, Bureau of Vital Statistics. The fee is $5 for the first certified copy and $4 for each additional copy requested at the same time (CDC listing for Florida, reviewed April 2026). You can order online through VitalChek, from the Bureau of Vital Statistics, or from your local county health department.

Florida issues two versions, and the difference matters:

• Without cause of death: any person age 18 or older may request a certified copy. The first five digits of the Social Security number are redacted.
• With cause of death: for records less than 50 years old, only the decedent's spouse or parent, the decedent's child, grandchild, or sibling (if 18 or older), someone who provides a will, insurance policy, or other document showing an interest in the estate, someone acting for any of them, or someone with a court order. Photo ID is required.

Order 8–12 copies at once, and ask each bank, insurer, and agency which version it needs. Ten copies cost $41 ($5 plus nine at $4). See how many death certificates you need and how to get a death certificate.

Bereavement Leave
Bereavement Leave in Florida

Florida does not have a state law requiring private employers to provide bereavement leave, and federal law does not either. The Family and Medical Leave Act covers serious health conditions, birth, adoption, and certain military reasons, but not bereavement. Time off after a death is up to your employer's policy.

Many employers offer 3–5 days of paid time off for the death of an immediate family member. Check your handbook for the policy and for which relatives qualify, and ask whether you can add vacation or sick time. See bereavement leave by state.

Resources
Florida Estate Resources

• Florida Courts Self-Help: Probate — forms and instructions for Florida probate
• The Florida Bar Lawyer Referral Service — a 30-minute consultation with a matched attorney for no more than $25; call 1-800-342-8011 or use the online form
• Florida Law Help — a free legal information site run by a network of legal aid organizations, with a searchable directory of legal providers
• Florida Department of Health: Death Certificates — who may request each version