Detailed Answer — Practical step-by-step guide under Florida law

When a parent dies in Florida, the process of settling their affairs depends on whether there is a valid will, the types of assets they owned, and the size of the estate. Below are clear steps you can follow, with key Florida statutory references and practical tips.

1. Immediate tasks (first 1–2 weeks)

• Obtain multiple certified copies of the death certificate from the funeral home or county health department. Many institutions will require certified copies.
• Locate the deceased’s important documents: will, trusts, life insurance policies, bank and investment statements, deeds, titles, Social Security information, and bills.
• Secure physical property (home, vehicles, safe-deposit box). Change alarm codes and secure vehicles and valuables.
• Contact institutions to stop automatic payments or subscriptions and to notify Social Security and other benefit providers, if applicable.

2. Determine whether a will exists and where to file it

If you find a will, do not destroy it. The person named as personal representative (executor) in the will generally has the right to open probate. In Florida, wills are typically filed in the clerk of the circuit court in the county where the decedent lived.

3. Decide whether probate is necessary

Not every estate needs formal probate. Florida law provides a simplified path called summary administration when certain conditions are met, and there are rules for situations when administration may not be required at all. See Florida Statutes, Chapter 735 for summary administration and disposition without administration: Fla. Stat. Ch. 735.

Common reasons probate may be required:

• The deceased held assets solely in their name (no payable-on-death, no joint ownership, no trust).
• Total nonexempt estate assets exceed the threshold for summary procedures.
• There are creditor, tax, or title issues that require court supervision.

4. Summary administration vs. formal administration

Florida provides a faster, less expensive process called summary administration when the estate qualifies. Summary administration is often available if the decedent’s assets subject to administration are small or if the decedent died more than two years ago. See Fla. Stat. Ch. 735 for details.

Formal administration is the standard probate process for larger or contested estates. Formal administration involves filing a petition, appointing a personal representative, inventorying assets, creditor notice and claims, and court supervision under Fla. Stat. Ch. 733 (administration of estates).

5. Opening probate and appointment of personal representative (executor)

If probate is necessary, file a petition with the county court (clerk of court) in the county where the decedent resided. The court will appoint a personal representative (PR). The PR’s duties include collecting assets, paying debts and taxes, and distributing the estate according to the will or Florida intestacy laws if there is no will.

For intestate succession rules (who inherits if there is no will), see Fla. Stat. Ch. 732.

6. Inventory, notice to creditors, and paying debts

The PR must identify and value estate assets, publish or send required notices to creditors, and follow Florida law for allowing or denying creditor claims. The PR uses estate funds to pay valid debts and administrative expenses before distributing assets to heirs or beneficiaries. The probate statutes in Chapter 733 explain creditor procedures and PR duties: Fla. Stat. Ch. 733.

7. Taxes and final accounting

Determine whether federal estate tax or state-level filing obligations apply. Florida does not have a state estate tax, but federal estate tax rules may apply for very large estates. The PR prepares any required tax returns, pays taxes, and prepares a final accounting for the court and beneficiaries.

8. Distribution and closing the estate

After debts and taxes are paid, the PR distributes assets to beneficiaries under the will or under Florida intestacy statutes. For formal administration, the court issues an order discharging the PR and closing the estate once the process is complete.

9. Special issues to watch for in Florida

• Homestead property: Florida law places special protections on homestead property and limits how it may be devised. If the decedent owned the homestead, survivors’ rights (spouse, minor children) can affect administration. See Chapter 732 and consult an attorney for homestead matters.
• Revocable trusts: Assets held in a properly funded revocable trust usually avoid probate and pass according to the trust terms.
• Beneficiary designations: Retirement accounts and life insurance payable to named beneficiaries pass outside probate.
• Joint accounts and tenancy by the entireties: Jointly titled assets may pass by operation of law.

10. When to hire an attorney

Consider hiring a Florida probate attorney if:

• The estate is complex, large, or includes a business or out-of-state property.
• There is a dispute among heirs or contests to the will.
• There are significant creditor claims or tax issues.
• Homestead, guardianship, or contested guardianship or incapacity issues arise.

Florida’s statutes governing probate and administration are in Chapters 731–735 and Chapter 736 for trusts. Useful statutory resources: Fla. Stat. Ch. 732 (Intestate Succession), Fla. Stat. Ch. 733 (Administration of Estates), and Fla. Stat. Ch. 735 (Summary Administration). For practical court forms and local rules, check your county clerk of court and the Florida Courts probate information page: Florida Courts — Probate.

Helpful Hints

• Get several certified death certificates early—banks and government agencies often require originals.
• Make a list of accounts, passwords, and subscriptions while you can access the decedent’s devices or records.
• Keep detailed records and receipts for all estate transactions; this protects the personal representative from later disputes.
• Check beneficiary designations on retirement accounts and life insurance—these override wills.
• Talk to close family members early about the estate plan to reduce surprises and disputes.
• If you suspect fraud or missing assets, consult a probate attorney promptly.
• Use reputable local resources: county clerk offices, the Florida Courts probate page, and the Florida Statutes online for authoritative guidance.

Final reminder: This information is educational and not legal advice. For personalized guidance about handling your mother’s estate in Florida, contact a licensed Florida probate attorney.