If you found our 72-hour checklist, you know what to do in the first three days. The calls have been made. The arrangements are underway. The immediate crisis is over.
Now comes the part nobody prepared you for. The legal clock in Florida starts running the day the person dies, and some of the deadlines are tighter than most families realize. This guide covers what happens in the weeks and months that follow, what Florida law actually requires, and how to make sure nothing slips through the cracks.
The Florida 10-Day Rule Most Families Do Not Know
If the person who died left a will, Florida law requires that whoever has the original will deposit it with the Clerk of Court in the county where the deceased lived within 10 days of learning of the death. Not 10 days after death. Ten days after you learn of it.
This is not optional and it is not a technicality. Florida Statutes Section 732.901 makes willful failure to deposit a will a criminal offense. Simply depositing the will with the Clerk of Court does not mean you are opening a probate case. It does not obligate you to anything. It just means the will is preserved in the public record where it belongs.
The Clerk of Court in Miami-Dade County is located at 73 W. Flagler Street in Miami. There is no filing fee to deposit a will. Bring the original and keep a copy for yourself.
| FLORIDA DEADLINE
The 10-day will deposit requirement under F.S. 732.901 is one of the most commonly missed deadlines in Florida estates. Missing it does not automatically open a probate case, but willful failure is a criminal offense. If you are not sure where the original will is, now is the time to look. |
Source: Florida Statutes Section 732.901 (Deposit of will with the court)
What Happens to Bank Accounts When Someone Dies in Florida
This is the question most families ask first, and the answer depends entirely on how the account was set up.
- Joint accounts with right of survivorship: pass directly to the surviving account holder. The bank removes the deceased person’s name when you present a death certificate. No probate required.
- Payable-on-death (POD) accounts: pass directly to the named beneficiary. Bring a certified death certificate and valid ID to the bank. No probate required.
- Individual accounts with no beneficiary designation: are frozen when the bank learns of the death. You cannot access them without Letters of Administration from a Florida probate court. Do not wait to address these. The longer they sit, the longer the estate stays open.
An important note on timing: banks are sometimes notified of a death automatically through the Social Security Death Master File before the family has organized themselves. If the deceased was receiving Social Security benefits, the bank may freeze the account before you contact them. This is normal and legal. Do not attempt to withdraw funds from an individual account before you have legal authority to do so.
| HOW TO ACCESS A BANK ACCOUNT AFTER DEATH WITHOUT PROBATE
If the account had a POD designation, bring the death certificate and your ID to any branch. If there is no POD designation and the account is under 5,000, the estate may qualify for summary administration, which is faster and less expensive than formal probate. See Section 06 below. |
Source: Florida Statutes Section 655.82 (Payment to heir or devisee) · Florida Statutes Section 732.101 (Intestate succession)
Who Notifies Social Security When Someone Dies
In most cases, the funeral home notifies Social Security automatically through the Electronic Death Registration system. When the name, Social Security number, date of birth, and sex on the death certificate all match Social Security’s records exactly, the account is flagged automatically and benefits stop.
This automatic notification does not always work. If the Social Security number was not included on the death certificate, or if there is a discrepancy in the spelling of the name or date of birth, the automatic flag may not go through. The family should always confirm separately.
To confirm or notify Social Security directly, call 1-800-772-1213 or visit your local Social Security office. Bring a certified death certificate.
| RETURN PAYMENT IMMEDIATELY
Any Social Security payment received for the month in which the person died, or any month after, must be returned. If the payments are made by direct deposit, do not spend or transfer those funds. Contact Social Security at 1-800-772-1213 to arrange the return. Keeping Social Security payments the estate was not entitled to can create liability. |
A surviving spouse age 60 or older may be eligible for survivor benefits. A surviving spouse of any age who is caring for a child under age 16 also qualifies. The one-time 55 death benefit must be applied for and is not paid automatically.
Source: Social Security Administration · SSA.gov · Electronic Death Registration system
Who Is Responsible for Funeral Expenses in Florida
Under Florida Statutes Section 733.707, funeral expenses are among the first-priority obligations paid from the estate, ahead of most creditors, credit card debts, and unpaid bills. This means that family members who personally paid for the funeral are entitled to reimbursement from the estate before beneficiaries receive their shares.
This is one of the most reassuring things a probate attorney can tell a grieving family: you will not lose the money you spent on the funeral. Document every cost with receipts. The personal representative of the estate is required to pay these expenses from estate funds as part of the administration process.
If there are not enough estate assets to cover the funeral, the family members who paid are not personally liable for those costs beyond what they voluntarily paid. No creditor can come after a family member personally for the deceased person’s debts unless that family member was a co-signer or joint account holder on the debt.
| FIRST PRIORITY UNDER FLORIDA LAW
Funeral expenses, plus costs of administering the estate, are paid from estate assets before any other creditors under F.S. 733.707. Keep every receipt. |
Source: Florida Statutes Section 733.707 (Order of payment of expenses and obligations)
What Debts Are Forgiven at Death in Florida
Family members are almost never personally responsible for a deceased person’s debts, and this is one of the biggest fears people carry into the weeks after a loss. The short answer is this: the estate is responsible for debts, not the family.
What this means in practice: If the deceased had credit card debt in their name alone, the estate owes that debt. You personally do not. The credit card company can file a claim against the estate during the probate proceeding, but they cannot pursue you personally unless you were a joint account holder or co-signer on that specific account.
Under Florida law, creditors in a formal administration have 90 days from the first publication of the notice to creditors, or 30 days from actual notice, to file a claim. Any debt claim that is not filed within that window is generally time-barred. This is one of the concrete benefits of opening a probate case: it starts the clock and gives creditors a deadline.
- Debts that die with the person (the estate may not have enough to pay them): unsecured credit card debt, medical bills in their name alone, personal loans
- Debts that survive and must be paid from the estate: mortgage (if the estate wants to keep the property), car loan (if keeping the vehicle), any debt with collateral attached
- Debts that follow joint account holders: any account where the family member was a co-signer or joint borrower
| THE MOST COMMON FEAR: CREDIT CARD DEBT
Adult children do not inherit their parents’ credit card debt in Florida. If the account was in the parent’s name alone and the child was not a co-signer, the child has no personal liability. The estate may owe the debt, but the child does not. |
Source: Florida Statutes Section 733.702 (Limitations on presentation of claims) · F.S. 733.710 (Limitations on claims against estates)
What Happens to a Mortgage When Someone Dies in Florida
The mortgage does not disappear when the owner dies. The estate is obligated to keep making payments if the family wants to keep the property. Stopping payments creates the risk of foreclosure, which means the estate and potentially the family home, could be lost.
Most mortgages contain a due-on-sale clause, which technically allows the lender to demand full repayment when ownership transfers. However, federal law under the Garn-St. Germain Act protects surviving family members. An heir who inherits and occupies the home as their primary residence, or a surviving spouse, generally cannot be forced to pay off the entire mortgage immediately under this federal protection.
What the family should do: continue making payments, notify the lender of the death with a certified death certificate, and consult an attorney about the process of transferring title. The lender will typically work with the estate or the inheriting family member, but they need to know who they are dealing with.
If the home is titled solely in the deceased person’s name and there is no Lady Bird Deed or trust in place, the property will need to pass through Florida probate before anyone can legally sell or refinance it. That process takes 9 to 24 months in Miami-Dade County.
| IF NO ESTATE PLAN WAS IN PLACE
A home titled only in the deceased person’s name cannot be sold, refinanced, or transferred until a Florida probate court authorizes it. That process typically takes 9 to 24 months and costs 3% of the estate value in statutory attorney fees under F.S. 733.6171. A 00,000 Miami-Dade home means 2,000 in attorney fees before the family sees a dollar. |
Source: Garn-St. Germain Depository Institutions Act of 1982 (federal) · Florida Statutes Section 733.6171 (probate attorney fees)
How Long Do You Have to File Probate in Florida, and How Long Does It Take to Settle
Florida has no hard deadline by which a probate case must be opened. However, practical deadlines make delay risky. The will must be deposited within 10 days. Creditor claim windows run from the date of publication. Real estate taxes and mortgage payments keep running. Waiting without a plan creates problems.
How long does it take to settle an estate in Florida?
- Summary administration (estates under 5,000, or deceased more than 2 years): 4 to 8 weeks in Miami-Dade Circuit Court. No personal representative is appointed. The court reviews the petition and orders distribution directly.
- Formal administration (estates over 5,000 within 2 years of death): 9 to 24 months in Miami-Dade Circuit Court for uncontested estates. Contested estates with disputes, missing heirs, or creditor conflicts take longer.
The estate settlement process involves appointing a personal representative, obtaining letters of administration, publishing a notice to creditors, conducting an estate inventory, paying valid creditor claims, filing required accountings with the court, and distributing the remaining estate to beneficiaries. Each step has its own timeline.
| PERSONAL REPRESENTATIVE DUTIES IN FLORIDA
The personal representative of a Florida estate has fiduciary duties under F.S. 733.601: file the original will, obtain letters of administration, publish notice to creditors, inventory estate assets, pay valid claims in statutory priority order, and distribute remaining assets to beneficiaries before petitioning for discharge. Failure to follow these steps creates personal liability. |
Source: Florida Statutes Section 735.101 (Summary administration) · Florida Statutes Chapter 733 (Florida Probate Code) · F.S. 733.601 (Personal representative duties)
How Many Death Certificates Do You Need in Florida
Order more than you think you need. Every institution that requires a death certificate will require its own certified copy. Digital copies are generally not accepted.
For a typical Miami-Dade estate, plan for 8 to 10 certified copies. You will need one for:
- Each bank or financial institution with an individual account
- Each life insurance policy
- Social Security Administration
- The Veterans Administration, if the deceased was a veteran
- Each vehicle title that needs to be transferred
- Any real estate title, including the Miami-Dade County Property Appraiser
- Retirement account administrators (IRA, 401k, pension)
- The probate court, if opening a formal administration
- Medicare and Medicaid, if applicable
- The deceased’s employer, if benefits or final pay are pending
Death certificates are ordered through the funeral home or directly from the Florida Bureau of Vital Statistics. The cost is approximately 0 to 5 per certified copy depending on the county. It is almost always cheaper to order extra copies at the start than to reorder them weeks later when you discover you need more.
Source: Florida Department of Health, Bureau of Vital Statistics · floridahealth.gov
When Should You Call a Florida Probate Attorney
Not every situation requires a probate attorney, but many do. Here is an honest framework.
You likely need a probate attorney if:
- The estate includes real property titled solely in the deceased person’s name with no Lady Bird Deed or trust in place.
- There is no will and the estate exceeds the summary administration threshold of 5,000.
- There is a will but it may be contested by a family member or creditor.
- The estate has significant debts or creditors making claims.
- The personal representative is not the sole beneficiary, which means Florida Probate Rule 5.030 requires attorney representation.
- There are out-of-state assets or non-Florida property that need to be addressed alongside the Florida estate.
You may not need a probate attorney if:
- All assets passed automatically through joint ownership, POD designations, or a funded trust.
- The only probate asset is under 5,000 and the estate qualifies for summary administration with straightforward assets.
A free initial consultation with a Florida probate attorney costs nothing and takes about 30 minutes. It will tell you exactly which category your situation falls into and what it will cost to handle it. That is worth knowing before you are 6 months into a process that could have been simpler or that needed more attention than you realized.
Frequently Asked Questions
Q: Does the mortgage have to be paid immediately after someone dies?
The mortgage payment schedule does not change because of a death. The estate is obligated to continue making payments if the family wants to keep the property. Federal law under the Garn-St. Germain Act protects heirs who inherit and occupy the home as a primary residence from being forced to pay off the loan immediately. However, the mortgage company must be notified and payments must continue. Stopping payments puts the property at risk of foreclosure, which affects the entire estate.
Q: Who is responsible for credit card debt when someone dies in Florida?
The estate is responsible for debts in the deceased person’s name alone, not the family. Adult children, siblings, and other relatives do not personally inherit credit card debt. The exception is if you were a joint account holder or co-signer on the account, in which case you remain liable for that specific debt. Credit card companies can file claims against the estate during the probate proceeding, but those claims have a filing deadline. Under Florida law, an unsecured creditor who misses the claims window is generally time-barred from collecting from the estate.
Q: What if there is no money to open a probate case?
Probate court filing fees in Miami-Dade County are several hundred dollars. Attorney fees for a formal administration are set by Florida statute at 3% of the gross estate for estates between 00,000 and million. If the estate genuinely has no assets, there may be nothing to probate. If the only asset is a home with a mortgage balance close to or exceeding the property value, an attorney can advise whether opening a probate case makes economic sense or whether a deed in lieu of foreclosure or other option is more appropriate. A free consultation is the right first step.
Q: Can I settle a Florida estate without going to court?
Yes, in many situations. Assets that pass through joint ownership, POD designations, trust administration, or named beneficiaries on retirement accounts and life insurance never enter probate. If the deceased had a properly funded revocable living trust, most or all of the estate may be administered by the successor trustee without any court involvement. If the only probate asset is under 5,000 or the death occurred more than two years ago, summary administration is a simplified court process that typically resolves in 4 to 8 weeks. A probate attorney can tell you in one consultation whether your situation can avoid full formal administration.
Start With a Free Consultation
The weeks after a death are hard enough without navigating Florida’s legal requirements alone. If you are not sure whether the estate needs probate, what to do about the house, or how to protect yourself as a personal representative, the right first step is a conversation.
Attorney Schoonover provides free initial consultations for estate settlement and probate matters in Miami-Dade County. She handles every matter personally in both English and Spanish, and provides a written quote before any legal work begins.
