What to Do When Someone Dies in Florida
Reviewed by Everendium Editorial Team · Last reviewed August 18, 2026
Quick answer
Florida offers 'summary administration,' a simplified probate process for smaller estates or when death occurred more than two years ago, along with an even simpler 'Disposition of Personal Property Without Administration' for very small estates. Florida also has particularly strong homestead protections that can restrict how a family home is passed on if there's a surviving spouse or minor children.
Florida has several distinctive features worth understanding, especially given how often families managing a Florida estate live out of state.
Death certificates
Certified death certificates in Florida are issued through the Florida Department of Health Bureau of Vital Statistics. In practice, the funeral home typically handles ordering these on your behalf — see our general guide on getting death certificates for how many you’ll likely need.
Summary administration
Florida offers summary administration — a simplified probate process available for smaller qualifying estates, or in situations where the death occurred more than two years before the process begins. This is generally faster and less involved than full probate administration. An attorney can confirm whether a specific estate qualifies, since specific value thresholds change over time.
An even simpler option for very small estates
For very small estates — generally limited to exempt property along with certain funeral and final medical expenses — Florida offers Disposition of Personal Property Without Administration, which can avoid formal probate entirely for qualifying situations.
Homestead protections
Florida has particularly strong homestead protections, including specific constitutional restrictions on how a homestead property can be devised in a will if there’s a surviving spouse or minor children. These protections can override certain provisions in a will, which surprises some families. This is a distinctly Florida-specific legal feature worth discussing directly with a Florida-licensed attorney if it’s relevant to your situation.
Authorizing cremation
Florida law specifies a hierarchy of who can authorize cremation absent the deceased’s own written authorization — generally a spouse, then adult children, then parents. A funeral home can confirm the specific hierarchy for a particular family’s situation.
Where to get help
- Florida Department of Health Bureau of Vital Statistics for death certificate questions
- The Florida Bar for attorney referrals, including probate and estate specialists
Florida law can change, and specific thresholds are adjusted periodically. This is general educational information, not legal advice — please consult a Florida-licensed attorney for guidance specific to your situation.
Frequently asked questions
How do I get a death certificate in Florida?+
The funeral home typically orders certified copies through the Florida Department of Health Bureau of Vital Statistics on your behalf, as part of their standard process.
What is summary administration in Florida?+
A simplified probate process available for smaller qualifying estates, or when the death occurred more than two years before the process begins — generally faster and less involved than full probate administration. An attorney can confirm whether a specific estate qualifies.
Is there an even simpler process for very small estates?+
Yes — Florida offers 'Disposition of Personal Property Without Administration' for very small estates consisting mainly of exempt property and limited funeral/medical expenses, avoiding formal probate entirely for qualifying situations.
How does Florida's homestead law affect a family home?+
Florida has particularly strong homestead protections, including constitutional restrictions on how homestead property can be left in a will if there's a surviving spouse or minor children — this can override certain provisions in a will and is worth discussing with a Florida-licensed attorney if it applies to your situation.
Who can authorize cremation in Florida?+
Florida law specifies a hierarchy of who can authorize cremation absent the deceased's own written authorization, generally prioritizing a spouse, then adult children, then parents — a funeral home can confirm the specific hierarchy for a particular family.
Sources
Related glossary terms
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