What to Do When Someone Dies in Florida

Florida has several distinctive features worth understanding, especially given how often families managing a Florida estate live out of state.

How do I get a death certificate in Florida?

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.

What is summary administration in Florida?

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.

Is there an even simpler process 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.

How does Florida’s homestead law affect a family home?

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.

Who can authorize cremation in Florida?

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 can I 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.