Home › Downsizing & clear-outs › After a death
Settling a home after a death in Florida
Losing someone is hard enough without a house full of decisions. There's no rush, and rushing can cause problems. Here's a calm order to go in: secure the home first, understand the legal steps, and handle the belongings last.
Last reviewed: August 8, 2026
This is general information, not legal advice. Every estate is different and the law changes. For your situation, talk with a Florida probate attorney.
The short version:
- First, secure the home and the important papers. Keep the house insured and the utilities on.
- Find the will. In Florida, whoever has the original will must file it with the court clerk within 10 days of learning of the death.
- Don't sell or give away the house or valuables yet. In most cases that waits until the court appoints someone to handle the estate (probate).
- Protect against fraud: tell Social Security, flag the credit files, and don't sign anything under pressure.
Common questions
- Do I have to file the will in Florida?
- Yes. Whoever holds the original will must deposit it with the clerk of court in the county where the person lived, within 10 days of learning of the death. There's no fee to deposit it.
- Can I sell the house or belongings right away?
- Usually not. The house and valuable contents are typically handled through probate, by the appointed personal representative, after debts and claims are addressed. Confirm the process before selling or clearing out.
- What is summary administration?
- Florida's shorter probate path, generally available when the probate estate is $75,000 or less (not counting protected property like homestead), or the person has been gone more than two years.
- Do I need a lawyer for Florida probate?
- Formal administration generally requires a Florida attorney, unless the personal representative is the only person who inherits. Summary cases may be doable with the clerk's forms, but a consultation is still wise.
First steps: secure the home and the papers
- Secure the house. Re-key locks if many people had keys, and bring in or lock up cash, jewelry, and important papers. Store any firearms safely.
- Keep it insured and powered. An empty home still needs homeowners insurance (tell the insurer it's now vacant) and enough power and water to prevent damage.
- Handle the mail. Forward it or collect it often, so bills and notices aren't missed and the box doesn't signal an empty house.
- Find the will and key documents: the original will, the deed, vehicle titles, bank and investment statements, insurance policies, and recent tax returns.
- Order several certified copies of the death certificate. You'll need them for banks, insurers, and agencies. Getting a handful at once saves time.
- Don't throw papers or belongings away yet. You may need records for probate, taxes, and creditor questions. Sort, don't discard, in the early weeks.
Florida probate basics
What probate is: a court-supervised process to gather the person's assets, pay their debts, and pass what's left to the people who inherit.
The will must be filed. In Florida, whoever holds the original will must deposit it with the clerk of court in the county where the person lived, within 10 days of learning of the death. There's no fee to deposit it.
Not everything goes through probate. Assets that already name a survivor pass on their own, jointly owned property with right of survivorship, accounts with a "payable on death" beneficiary, and life insurance or retirement accounts with a living beneficiary. Probate covers what was in the person's name alone.
Florida has two main paths:
| Type | When it's used |
|---|---|
| Summary administration (shorter) | Generally when the probate estate is $75,000 or less (not counting protected property like homestead), or the person has been gone more than 2 years. |
| Formal administration (standard) | Larger estates, or when full court supervision is needed. A judge appoints a personal representative (Florida's word for an executor) and issues papers giving them authority to act. |
Don't sell or divide the big things early. The house and valuable contents are usually handled by the appointed personal representative, after debts and claims are addressed. Notified creditors generally have about 3 months to file claims, and debts and taxes are paid before anyone inherits. Confirm the process before you clear out or sell the home.
What to do with the belongings
There's no legal rush. A sensible order:
- Wait until you know the process and who has authority, before removing or selling major or valuable items.
- Give people what was left to them once the process allows.
- Then sell, donate, or haul the rest. An estate sale or liquidation company can sell a houseful, charities with free pickup take usable goods, and a junk-removal service hauls what's left. Not sure what's valuable? See collections & valuables.
- Keep records and photos. Photograph the rooms and valuable items first, and note what was sold, donated, or given to whom. Good records protect you if anyone later asks how things were handled.
Protect against fraud and identity theft
- Report the death to Social Security. A funeral home usually does this. If not, call SSA at 1-800-772-1213. A surviving spouse or child may qualify for a one-time $255 death payment and possibly survivor benefits.
- Flag the credit files. Notify Equifax, Experian, and TransUnion so no new credit is opened in the person's name. Send each a copy of the death certificate and ask that the file be marked "deceased."
- Notify banks, credit card companies, and the IRS, and close or transfer accounts. You'll generally need the Social Security number and certified death certificates.
- Watch for scams that target the grieving, fake "debts," phony charities, and pressure to pay fast. And don't sign anything under pressure.
When should you get a probate attorney?
In Florida, a formal administration generally requires a licensed attorney, unless the personal representative is the only person who inherits. Simpler cases (summary administration) may be workable with the clerk's forms, but even then the Florida Bar recommends getting a qualified attorney, because legal questions come up in almost every estate. If you're unsure, a single consultation is worth it.
Sources
- Florida Statutes § 732.901 -- production of wills (10-day deposit rule). https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.901.html
- Florida Statutes § 735.201 -- summary administration ($75,000 or 2-year threshold). https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/Sections/0735.201.html
- The Florida Bar -- Consumer Pamphlet: Probate in Florida. https://www.floridabar.org/public/consumer/pamphlet026/
- U.S. Social Security Administration -- what to do when someone dies. https://www.ssa.gov/personal-record/when-someone-dies
- USA.gov -- agencies to notify when someone dies. https://www.usa.gov/report-a-death
- Federal Trade Commission -- credit freezes, fraud alerts & identity theft. https://consumer.ftc.gov/articles/credit-freeze-or-fraud-alert-whats-right-your-credit-report
Please read: Nature Coast Senior Home is an independent guide. We are not a law firm and this is not legal advice. Florida law changes and every estate differs; confirm details with the clerk of court or a Florida probate attorney before you act. We don't collect or sell your information.