What To Do After A Loved One Passes Away In Florida
Losing someone close to you is one of the hardest experiences life brings. And in the days and weeks that follow, families in Daytona Beach and across Volusia County are often left wondering what needs to happen next from a legal standpoint. Understanding the basic steps involved in settling an estate can help ease some of the uncertainty during an already painful time.
The First Days: Securing Important Documents
One of the earliest priorities after a loved one passes is locating and securing their important documents. This includes any will, trust agreements, financial account statements, deeds to real property, insurance policies, and other records that reflect what they owned and how they wanted it handled.
If a will exists, Florida law requires that whoever has possession of it deposit the original document with the clerk of the circuit court in the county where the person lived within ten days of learning of the death, under Florida Statute § 732.901. This is a legal obligation, not just a best practice, and failing to act on it in a timely way can create complications down the road.
Understanding Whether Probate Is Required
Not every estate in Florida has to go through the full probate process. Assets held in a trust, accounts with named beneficiaries, and jointly owned property with rights of survivorship typically pass outside of probate. However, property that was titled solely in the deceased person’s name will generally need to go through some form of court administration before it can be transferred.
Florida offers more than one path through this process, depending on the size and complexity of the estate:
- Formal Administration is the full probate process and is typically required for larger or more complex estates. A personal representative is appointed by the court, creditors are notified, assets are inventoried, debts are paid, and what remains is distributed to the beneficiaries.
- Summary Administration is a shorter, simplified process generally available when the total value of the probate estate is $75,000 or less (not counting exempt property like homestead real estate), or when the person has been deceased for more than two years.
Florida Statute § 733.702 also requires that once probate administration begins, creditors must receive proper notice and generally have three months from the date that notice is first published to file claims against the estate.
Handling Debts, Taxes, and the Final Accounting
Before any assets can be distributed to family members or other beneficiaries, the estate’s outstanding obligations need to be addressed. This means identifying and paying valid debts, final income taxes, and any other claims against the estate. The personal representative is responsible for this process and must act in the best interests of the estate and its beneficiaries throughout.
This stage can feel overwhelming, particularly when family members are still grieving. Keeping organized records and following the court’s timelines carefully matters a great deal here, since missing deadlines can expose a personal representative to personal liability.
Speak With a Daytona Beach Estate Administration Attorney
Every estate is different, and the steps involved will depend on what your loved one left behind, whether they had a will or trust in place, and how their assets were titled. If you are facing these questions after a loss, the Daytona Beach estate administration attorneys at Bundza & Rodriguez, P.A. are here to walk alongside you. We work with families throughout Daytona Beach and Volusia County and can help make sure this process is handled with care and in accordance with Florida law. We encourage you to reach out to us today to schedule a consultation.
Source:
flsenate.gov/Laws/Statutes/2022/732.901
