Florida

At a Glance

The 5-day rule.

In Florida, a death certificate must be filed with the Florida Bureau of Vital Statistics within 5 days of death and before the body is buried, cremated, or transported out of state. The funeral director or person in charge of disposition is responsible for filing. The attending physician must certify the cause of death.

Who files it.

The funeral director or person in charge of disposition files the death certificate. The attending physician, advanced practice registered nurse, or physician assistant certifies the cause of death. If the death was sudden, unexpected, or violent, the medical examiner takes over.

Who can order copies.

Florida restricts certified copies to: the registrant's spouse, parent, child, grandparent, grandchild, or sibling; legal representatives; and others with a direct and tangible interest. You must provide proof of relationship.

• –Florida Bureau of Vital Statistics: floridahealth.gov/vital-statistics
• –Cost: $10 first copy, $4 each additional (same order)
• –Allow 4–6 weeks by mail; expedited options available through VitalChek
• –County health departments may provide faster turnaround for local deaths

How do I get a death certificate in Florida?

Order certified copies from Florida's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Florida?

$10 per certified copy in Florida, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

The threshold: $75,000.

Florida allows 'Summary Administration' (simplified probate) for estates with a total gross value of $75,000 or less, or when the decedent has been dead for more than 2 years. Summary Administration is faster and cheaper than formal probate. Estates above the threshold with a will generally require formal administration.

Summary administration.

If the estate qualifies (gross value under $75,000, or death more than 2 years ago), heirs can petition the court for Summary Administration. Unlike many states' small estate affidavits, Florida's Summary Administration still requires a court filing and judge's order. But it's significantly faster than formal probate.

• –Estate gross value must be $75,000 or less (excluding exempt property like homestead)
• –OR decedent must have been dead for more than 2 years
• –Court filing required. Must petition the probate court
• –Judge issues an order of summary administration
• –Florida attorney typically required

Homestead protection.

Florida has some of the strongest homestead protections in the country. A Florida homestead cannot be devised (left in a will) to anyone other than a spouse or minor child if the owner is survived by a spouse or minor child. This is a constitutional protection, not just a statute, and it overrides contrary will provisions.

What avoids probate.

Living trusts, joint tenancy with right of survivorship, accounts with named beneficiaries (POD/TOD), life insurance, retirement accounts, and Florida Lady Bird (Enhanced Life Estate) deeds for real property all pass outside probate. Florida does not have a Transfer-on-Death deed statute, but the Lady Bird deed accomplishes a similar result.

Elective share.

A surviving spouse in Florida is entitled to an 'elective share' of 30% of the decedent's elective estate, regardless of what the will says. This prevents a spouse from being completely disinherited. The elective estate includes probate assets, certain trusts, and other property.

How long does probate take in Florida?

A straightforward Florida probate typically runs 9–24 months, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Florida?

$75,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Florida?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Florida allow transfer-on-death deeds?

No. Florida has no transfer-on-death deed statute. An enhanced life estate (Lady Bird) deed, recognized by case law rather than statute, or a living trust does the same job here. Have a Florida attorney prepare it.

Source: legislative record ↗

Die without a will in Florida and this law picks your heirs.

If you die intestate (without a valid will) in Florida, Fla. Stat. §§ 732.101–732.111 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): the spouse takes the entire estate.
• –Spouse + parents (no descendants): parents change nothing, the spouse still takes everything.
• –Spouse + joint descendants: the spouse takes everything, if the spouse has no descendants from another relationship.
• –Spouse + blended family: the spouse takes one-half; the decedent's descendants split the other half per stirpes.
• –Source: Fla. Stat. §§ 732.101–732.111

Children's shares.

With no spouse, the decedent's descendants take everything per stirpes.

No spouse, no children: the line of succession.

After descendants come parents, then siblings and their descendants, then half to each side of the family (grandparents, then uncles and aunts and their descendants), then the kindred of the decedent's last deceased spouse, and only then does the estate escheat to the state (Fla. Stat. § 732.107).

At a Glance

Two documents you need.

Florida recognizes two key advance directive documents: (1) the Living Will, which specifies your wishes for end-of-life care including life-prolonging procedures; and (2) the Designation of Health Care Surrogate, which names a person to make healthcare decisions for you when you cannot.

How to make it valid.

A Florida Living Will or Designation of Health Care Surrogate must be signed by you and witnessed by two adults. Witnesses cannot be your healthcare surrogate, your spouse, or your blood relatives. At least one witness must not be entitled to any portion of your estate.

Designation of Health Care Surrogate.

Your healthcare surrogate can make any healthcare decision you could make yourself when you lack capacity. The designation must be in writing, signed, and witnessed. Your surrogate cannot be your healthcare provider or an employee of your healthcare facility unless they are a relative.

• –Surrogate cannot be your healthcare provider or facility employee (unless a relative)
• –Becomes effective only when your attending physician determines you lack capacity
• –Can be revoked at any time while you have capacity
• –Consider naming an alternate surrogate in case your primary is unavailable

POLST equivalent: Florida DNRO.

Florida uses a Do Not Resuscitate Order (DNRO) form, which is a physician order that instructs emergency medical personnel not to attempt resuscitation. It must be signed by your physician and either you or your healthcare surrogate. The standard form is bright yellow.

Where do I get Florida's advance directive form?

The controlling law is Florida Statutes Chapter 765 (Health Care Advance Directives), linked as this section's source. Most people use the free statutory form: Florida's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Florida require a notary or witnesses for an advance directive?

Florida requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

At a Glance

48-hour waiting period.

Florida requires a minimum 48-hour waiting period after death before cremation can proceed. The death certificate must be filed and a cremation authorization obtained before cremation. Florida also requires a medical examiner's authorization in certain circumstances.

Authorization requirements.

Cremation requires written authorization from the legally authorized person. Florida law establishes a priority order: (1) person designated in a written authorization signed before death, (2) spouse, (3) adult children (majority if multiple), (4) parents, (5) adult siblings, (6) other relatives.

Scattering ashes.

Florida allows scattering of cremated remains at sea (at least 3 nautical miles from shore) and on private property with the owner's permission. Scattering in Florida state parks requires a permit. Florida does not have a specific statute governing land scattering on private property.

• –Ocean scattering: minimum 3 nautical miles from shore; EPA notification within 30 days
• –Private property: permission of landowner required
• –Florida state parks: contact the specific park for permit requirements
• –No Florida statute explicitly prohibits scattering on private land with owner's consent

Home burial.

Home burial on private property is permitted in Florida, subject to local zoning ordinances and county regulations. Florida Statutes § 497.386 governs burial grounds. Contact your county health department and local zoning authority before proceeding. Requirements vary significantly by county.

At a Glance

Good news: Florida has no estate tax and no inheritance tax.

Florida does not impose a state estate tax or an inheritance tax. Florida's estate tax was tied to the federal estate tax credit, which was eliminated in 2005. Since then, Florida has had no state estate tax. Beneficiaries who inherit from a Florida estate pay no Florida tax on what they receive.

Federal estate tax.

The federal estate tax exemption is $15 million per individual in 2026 ($30 million for married couples with proper planning). Estates below this threshold owe no federal estate tax. The One Big Beautiful Bill Act made the higher exemption permanent in 2025.

Documentary stamp tax.

When real property is transferred in Florida, a documentary stamp tax applies to the deed. For inherited property, the tax is typically $0.70 per $100 of consideration. When property passes by will or intestacy, the tax is generally $0.70 per $100 of the fair market value. This is a transfer tax, not an estate tax.

Does Florida have an estate tax?

No. Florida has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Florida have an inheritance tax?

No. Florida does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Register through the Florida Donor Registry.

Florida uses an opt-in donor registry. You can register when you get or renew your driver's license or ID at the DHSMV, or online at DonateLifeFlorida.org. Registration is legally binding. Family members cannot override a registered donor's decision.

First-person authorization.

Florida follows the Uniform Anatomical Gift Act (UAGA). A registered donor's decision is legally binding and cannot be overridden by family members. If you are not registered, your next of kin, in priority order, can authorize donation.

What can be donated.

Organs (heart, lungs, liver, kidneys, pancreas, intestines), tissues (corneas, skin, bone, heart valves, tendons), and the whole body for medical research. One donor can save up to 8 lives and improve the lives of more than 75 people through tissue donation.