What to Do When a Parent Dies in Florida: A Clear, Compassionate Guide From Our Legal Team.

Randy Narkir, Esq.
Jul 29
4 min read

A single lit candle glowing in darkness, symbolizing remembrance and grief after a parent’s passing in Florida.

When a Parent Dies, the Grief Comes in Waves

At first, there's the shock. Then the logistics. Then the quiet realization that nothing is going to be the same again. And in the middle of that, someone asks about the Will. The house. The bank accounts. The court. The credit cards. The mail. The business.

If you're the one being looked to for answers, we want you to know this: you don't have to figure it all out today. But there are a few first steps that can make everything else less painful.

At Legacy Solutions Law Firm, we've walked hundreds of Florida families through this exact moment. Some were overwhelmed. Some were trying to do the right thing. Some were stuck between mourning and managing.

This guide is what we'd share if you were sitting across from us, just you, a notebook full of questions, and a conversation that helps make the next steps feel possible.

Step 1: Request Certified Death Certificates

You'll need several certified death certificates, usually 4 to 8. These are required by banks, insurance companies, government agencies, and the probate court.

You can request them through the funeral home or directly from the Florida Department of Health. Here is the website: Click

Pro Tip #1: Order more than you think you'll need. Many institutions require an original, and going back later adds stress.

Pro Tip #2: Funeral homes charge much more for death certificates than the Florida Department of Health.

Pro Tip #3 (and some education): The death certificate comes in a long form or short form. The long form includes the cause of death, which some people consider private information. The short form does not include the cause of death. Typically, only life insurance companies require the long form.

Step 2: Secure the Property and Locate Key Documents

If your parent lived alone in Florida:

Physically secure the home
Forward the mail
Keep the lights on
Keep the AC on 78 or lower to help prevent mold

Begin gathering:

The original Will (not a copy)
Trust documents (if any)
Deeds, titles, insurance policies
Financial statements, Social Security card
Passwords or keys to safes and boxes
Credit cards

You'll need these items throughout the Florida probate process.

Step 3: Determine If There's a Will or Trust

This is one of the most critical early steps:

If there's a Will, it will name a Personal Representative (Florida's term for executor).
If there's a Trust, some or all assets may avoid probate.
If there's no Will, Florida intestacy law will determine who inherits and who has the right to manage the estate.

Need help? Read: Who Inherits If There's No Will in Florida

Step 4: Identify the Personal Representative

The Personal Representative (PR) is legally responsible for managing the estate through the probate process.

They will:

Open the Florida probate case
Notify heirs and creditors
Protect and manage estate assets
Pay debts and taxes
Distribute remaining assets

Even if someone is named in the Will, the court must appoint them and issue Letters of Administration before they have legal authority.

Step 5: Determine If Probate Is Required in Florida

Probate is typically required when:

Assets are in the decedent's name only
There are no listed beneficiaries
Real estate must be retitled

Florida has two types of probate:

Summary Administration: faster, for smaller estates or if death occurred over 2 years ago
Formal Administration: full probate process, used for most estates

Learn the difference: Summary vs. Formal Administration in Florida

Step 6: File the Petition for Administration

The PR (and their attorney) files a Petition for Administration with the circuit court in the county where the decedent lived. Note, probate can also be filed in a county where the decedent owned property.

Once approved, the court issues Letters of Administration, granting authority to manage the estate. This starts the formal probate process in Florida.

The PR can now:

Access accounts
Transfer property
Pay debts
Distribute assets

Step 7: Notify Creditors and Settle Debts

Florida law requires that the PR:

Publish a Notice to Creditors in a local newspaper that provides that service
Notify known creditors directly
Wait 90 days for claims from unknown creditors

Debts must be addressed before the estate can be distributed. Mistakes here can create personal liability for the PR.

Step 8: Distribute Assets and Close the Estate

Once debts, taxes, and court filings are complete:

Remaining assets are distributed
A final accounting is filed
The court formally closes the estate

This marks the legal end of the Florida probate timeline

Should You Call a Lawyer?

Most families do.

Probate in Florida can be technical, time-consuming, and emotionally draining. Even in the simplest cases, one missed step can delay the entire process or create unnecessary conflict.

At Legacy Solutions Law Firm, we offer: