The Complete Florida Executor & Personal Representative Checklist

This checklist is intended as a general resource. The specific duties and deadlines that apply to a Florida estate depend on the circumstances of the estate and applicable Florida law.

Phase 1: Immediate Steps After a Death

Some important tasks should be addressed quickly, even before the probate court formally appoints a Personal Representative.

Obtain Certified Death Certificates

Order several certified copies of the death certificate. These may be required by financial institutions, insurance companies, government agencies, and the probate court.

When appropriate, obtain copies without the cause of death listed for uses where that information is unnecessary.

Locate the Original Last Will and Testament

Search for the decedent’s most recent original Will and any codicils. In Florida, the original Will generally must be deposited with the clerk of the appropriate circuit court.

Do not assume that a photocopy is sufficient. If you cannot locate the original Will, tell your probate attorney.

Secure the Decedent’s Property

Take reasonable steps to protect the decedent’s home, vehicles, valuables, documents, and other property.

This may include:

• Confirming homeowners and vehicle insurance remain in effect
• Keeping necessary utilities active
• Securing doors, windows, vehicles, and valuables
• Determining whether a vacant residence requires additional insurance or security
• Safeguarding important financial and legal documents

A Personal Representative generally has a duty to take possession or control of estate property when necessary for administration, although special rules apply to protected Florida homestead property.

Forward the Decedent’s Mail

Arrange to have mail forwarded to an appropriate address. Incoming mail can help identify:

• Bank and investment accounts
• Creditors and outstanding bills
• Insurance policies
• Tax notices
• Subscriptions and recurring charges
• Other assets or financial obligations

Keep important correspondence together as part of the estate’s records.

Notify Appropriate Agencies and Companies

Depending on the circumstances, Social Security, pension administrators, insurance companies, and other organizations may need to be notified of the death.

You should also review bank and credit card statements for recurring charges and automatic withdrawals that may need attention.

Phase 2: Gather Records and Open the Probate Estate

Once the immediate issues are under control, the focus shifts to identifying the estate’s assets and beginning formal probate administration.

Gather Financial and Asset Records

Create an organized file containing available information about the decedent’s property and finances, including:

• Bank and investment statements
• Real estate deeds and property records
• Vehicle titles
• Life insurance policies
• Retirement accounts
• Business interests
• Tax returns
• Credit card statements
• Loan documents
• Information concerning valuable personal property

Do not discard old financial records simply because an account appears inactive. They may contain information needed during probate.

Identify Probate and Non-Probate Assets

Not everything a person owns necessarily passes through probate.

Assets with a valid beneficiary designation, jointly owned property with rights of survivorship, certain trust assets, and other property may transfer outside the probate estate.

Determining which assets are actually subject to probate is an important early step because it affects the administration of the estate.

Obtain an Estate EIN

When required, obtain an Employer Identification Number (EIN) from the IRS for the probate estate. This is essentially the estate’s federal tax identification number and is generally needed to establish an estate bank account.

Open an Estate Bank Account

After appointment, the Personal Representative may need to establish an estate checking account to receive estate funds and pay authorized estate expenses.

The bank may request documents such as:

• Certified Letters of Administration
• The estate’s EIN
• A certified death certificate
• Personal identification

Estate money should be kept separate from the Personal Representative’s personal funds.

Important: Do not add a payable-on-death beneficiary or other personal beneficiary designation to the estate’s fiduciary account unless specifically advised to do so by your attorney.

Keep Detailed Estate Records

From the beginning, maintain records of money received, expenses paid, property sold, distributions made, and other estate transactions.

Good recordkeeping can make the accounting and closing stages of probate considerably easier.

Phase 3: Address Creditors and Estate Obligations

One of the most important responsibilities during Florida probate is properly handling creditors and estate debts.

Don’t Automatically Pay Every Bill

Finding a bill in the decedent’s mail does not necessarily mean it should immediately be paid.

Florida probate law establishes procedures for notifying creditors, filing claims, objecting to claims, and determining the priority in which certain estate expenses and debts are paid.

Before paying substantial debts, discuss them with the probate attorney handling the estate.

Publish a Notice to Creditors

The Personal Representative generally must publish a Notice to Creditors as part of formal probate administration.

Florida law requires the notice to be published once a week for two consecutive weeks in an appropriate newspaper. The Personal Representative must also make a diligent search for reasonably ascertainable creditors and provide notice as required by law.

This process establishes important deadlines for creditor claims against the estate.

Determine Whether Claims Should Be Paid or Challenged

A claim filed against an estate is not automatically valid.

The Personal Representative and probate attorney should review creditor claims and determine whether they should be paid, challenged, negotiated, or otherwise addressed through the probate process.

Determine Whether Florida Homestead Protections Apply

Florida homestead law can significantly affect the administration of a deceased person’s residence.

Qualifying protected homestead property is treated differently from many other probate assets and may be protected from certain creditor claims.

Do not sell, distribute, or use proceeds from a Florida residence to pay estate obligations without first determining whether homestead protections apply.

Avoid Paying Estate Debts With Personal Funds

Being appointed Personal Representative does not generally make you personally responsible for the decedent’s debts.

Keep your finances separate from those of the estate and obtain legal guidance before personally paying significant estate expenses or creditor claims.

Phase 4: Taxes, Distributions and Closing the Estate

After assets have been identified and creditor issues addressed, the estate can move toward final administration.

Address Required Tax Returns

Depending on the circumstances, tax responsibilities may include:

• The decedent’s final individual income tax return
• Federal fiduciary income tax returns for the estate
• Other tax filings applicable to the particular estate

The Personal Representative should maintain sufficient records and work with the appropriate tax and legal professionals when necessary.

Prepare for Distribution to Beneficiaries

Estate property should not be distributed simply because beneficiaries request it.

Before final distribution, the Personal Representative should make sure appropriate expenses, taxes, creditor claims, and other administration matters have been addressed.

Remaining estate property can then be distributed according to the Will or, when there is no valid Will, Florida intestate succession law.

Complete the Final Accounting

Depending on the type of administration and circumstances of the estate, an accounting may be required before the estate can be closed.

This documents estate assets, income, expenses, and distributions and provides transparency regarding the Personal Representative’s administration of the estate.

Obtain the Final Order of Discharge

The probate process is not complete simply because all assets have been distributed.

The appropriate closing documents must be filed with the probate court. Once the court enters an order of discharge, the Personal Representative is formally relieved of the duties associated with administering the estate.

Quick Florida Personal Representative Checklist

Before closing this page, use this abbreviated checklist to make sure the major issues have been addressed:

• Obtain certified death certificates
• Locate the original Will and any codicils
• Secure the decedent’s home, vehicles, valuables, and records
• Confirm appropriate insurance coverage remains in place
• Forward the decedent’s mail
• Review accounts for automatic payments and withdrawals
• Notify appropriate agencies, insurers, and benefit providers
• Gather financial, property, tax, and debt records
• Identify probate and non-probate assets
• Work with a Florida probate attorney to open the estate
• Obtain an EIN when required
• Establish an estate bank account
• Maintain detailed records of estate transactions
• Identify and notify creditors as required
• Determine whether Florida homestead protections apply
• Address taxes and valid estate obligations
• Distribute remaining assets appropriately
• Complete required accounting and closing documents
• Obtain the court’s final discharge

Do You Need a Florida Probate Attorney?

Serving as a Personal Representative involves more than collecting property and distributing inheritances. Florida law imposes fiduciary responsibilities and establishes specific procedures for creditors, beneficiaries, estate assets, homestead property, accountings, and distributions.

Statewide Probate helps Personal Representatives and families administer Florida estates, including clients who live outside Florida.

Because much of the probate process can often be handled remotely, you may be able to administer a Florida estate without repeatedly traveling to the county where the probate case is pending.

If you have been named executor in a Will, expect to be appointed as a Personal Representative, or need help determining what to do after a family member’s death, contact Statewide Probate to discuss the next steps.

Florida Executor & Personal Representative FAQs

What is the difference between an executor and a Personal Representative in Florida?

“Executor” is a commonly used term for the person responsible for administering an estate. Florida probate law generally uses the term Personal Representative instead. If a Will names someone as executor, that person may seek appointment by the Florida probate court as the estate’s Personal Representative.

Am I required to serve as Personal Representative if I am named in a Florida Will?

No. Being named in a Will does not require you to accept the appointment. If you do not want to serve, you can generally decline before accepting appointment by the probate court.

This may be worth considering when an estate has significant debts, disputes among beneficiaries, difficult-to-manage property, or other complications.

Do I have to travel to Florida to serve as Personal Representative?

Not necessarily. Many uncontested Florida probate matters can be handled without the Personal Representative repeatedly traveling to Florida. Court filings, attorney communications, and many administrative tasks can often be completed remotely.

Whether an in-person appearance or travel is necessary depends on the circumstances of the particular estate.

How long does a Personal Representative have to notify creditors in Florida?

Florida law generally requires the Personal Representative to promptly publish a Notice to Creditors and conduct a diligent search for reasonably ascertainable creditors.

The notice is generally published once a week for two consecutive weeks. Creditor deadlines can depend on how and when notice is provided, so Personal Representatives should work closely with their probate attorney rather than calculating claim deadlines themselves.

Can a Florida Personal Representative be personally responsible for estate debts?

Generally, simply serving as Personal Representative does not make you personally responsible for the decedent’s debts. However, a Personal Representative is a fiduciary and can potentially face liability for certain improper actions during administration.

For that reason, estate and personal funds should remain separate, and significant payments or distributions should be handled in accordance with Florida probate law and advice from the estate’s attorney.

This page and downloadable checklist provide general information about Florida probate administration and are not a substitute for legal advice. The responsibilities of a Personal Representative vary depending on the estate, the terms of the Will, the nature of the assets, creditor claims, homestead issues, and other circumstances.