Florida
Death Laws & End-of-Life Guide

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.

Anyone 18 or over can get a certified Florida death certificate without the cause of death. Only the version showing the cause of death is restricted, and only for 50 years: to the decedent's spouse or parent; to a child, grandchild, or sibling who is 18 or over; to anyone who produces a will, insurance policy, or other document showing an interest in the estate; to someone acting on behalf of those people; or by court order. Photo ID is required for the cause-of-death version.

• -Florida Bureau of Vital Statistics: floridahealth.gov/certificates-records/death-certificates
• -Cost: $5 search fee that includes one certified copy, $4 for each additional copy, $1 shipping and handling
• -Normal processing for deaths from 2009 forward is 3 to 5 business days, not counting shipping; a $10 rush fee buys priority
• -County health departments may provide faster turnaround for local deaths

Who can order a death certificate in Florida?

Anyone 18 or older can get a certified copy without the cause of death. For a death less than 50 years ago, the copy with the cause of death and full Social Security number goes only to the spouse or parent, an adult child, grandchild or sibling, someone who shows a will, insurance policy or other document proving an interest in the estate, someone acting for one of those people, or a court order, with photo ID. Certified copies come from Florida's Bureau of Vital Statistics, Florida Department of Health, in Jacksonville; county health departments issue copies for deaths from 2009 on, online or by phone through VitalChek, the only contracted vendor, walk-in or by mail at the Bureau, or at a county health department.

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. Ask each bank, insurer, court, and agency whether it needs its own certified copy before you decide how many to order.

How much does a death certificate cost in Florida?

$5 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: $150,000.

Florida allows 'Summary Administration' (simplified probate) for estates with a value of $150,000 or less, or when the decedent has been dead for more than 2 years. The figure is the value of the entire estate subject to administration in Florida, less the value of property exempt from creditors' claims, so the homestead doesn't count against it. The limit was $75,000 until chapter 2026-57 doubled it, effective July 1, 2026. 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 ($150,000 or less after exempt property, 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 value must be $150,000 or less, measured after exempt property like the homestead is taken out
• -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

Two smaller routes that also doubled.

Chapter 2026-57 raised two other small-estate limits on July 1, 2026. When someone dies without a will and leaves only exempt property plus other personal property worth no more than $20,000 (up from $10,000), plus funeral costs and medical bills from the last 60 days of the last illness, no administration is needed if the person has been dead more than a year and none is pending (Fla. Stat. § 735.304). And a bank can pay a family member the money in a decedent's accounts without a court order when the total in those accounts is $2,000 or less (up from $1,000), no sooner than 6 months after the death, with a death certificate and a sworn affidavit (§ 735.303).

Source: Chapter 2026-57 (CS/HB 1337), Florida Senate ↗

Homestead protection.

Florida has some of the strongest homestead protections in the country. If the owner is survived by a minor child, the homestead can't be devised (left in a will) to anyone at all. If the owner is survived by a spouse and no minor child, it can be devised to the spouse and to no one else. This is a constitutional protection carried into Fla. Stat. § 732.4015, 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 doesn't 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 (Fla. Stat. §§ 732.201, 732.2065). This prevents a spouse from being completely disinherited. The elective estate includes probate assets, certain trusts, and other property.

Handwritten wills.

Florida doesn't accept a holographic will, even one that was valid in the state where it was written. Every will has to be signed at the end in front of at least two witnesses, who sign in front of the person and each other (Fla. Stat. § 732.502(1)). A will from someone who lived elsewhere is valid here if it was valid where it was signed, but the statute carves out handwritten and oral wills from that rule (§ 732.502(2)). A handwritten will that was signed in front of two witnesses the Florida way is an ordinary valid will.

Source: Fla. Stat. § 732.502 (Florida Legislature) ↗

How long does probate take in Florida?

A straightforward Florida probate typically runs 9 to 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?

$150,000. 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 ↗

Time off work after a death in Florida

Florida doesn't require a private employer to give bereavement leave, paid or unpaid. Whatever you get is your employer's policy, and it can be changed or refused.

Who it covers. No one, for bereavement. The quoted § 741.313 leave reaches employers with 50 or more employees and employees with 3 or more months of service, and it says nothing about bereavement or the death of a family member.

How much. 0 required. The 3 days in the quote are violence-related leave under § 741.313, not bereavement leave.

Paid or unpaid. n/a (no bereavement mandate). The § 741.313 violence leave is paid or unpaid at the employer's discretion under subsection (2)(a).

Nothing for pregnancy loss either. Florida also blocks cities and counties from filling the gap. Fla. Stat. § 218.077(2) bars a political subdivision from requiring an employer to provide employment benefits not otherwise required by state or federal law, and § 218.077(1)(d) defines employment benefits to include "paid or unpaid days off for holidays, sick leave, vacation, and personal necessity." The carve-outs at § 218.077(3) reach only a subdivision's own employees, employees of its contractors, and employees of an employer taking a direct tax abatement or subsidy, so a private-sector worker has no local bereavement ordinance to point at.

Source: None. Fla. Stat. § 741.313 (2025) is Florida's only private-employer leave mandate and it covers domestic and sexual violence only; Fla. Stat. ch. 448 (2025), the general labor chapter, contains no leave provision at all. ↗

Can I leave money to care for my pet in Florida?

Yes. Florida enforces pet trusts under Fla. Stat. § 736.0408, so money you set aside for an animal is legally binding on whoever you put in charge of it. The trust ends when your animal dies, or when the last of them dies if you covered more than one, and Florida sets no year limit on it. Whoever you name in the trust enforces it, and if you name nobody a court appoints someone. Anyone who cares about your animal can ask the court to appoint an enforcer or to remove one who isn't doing the job. A judge can cut the amount back if it's more than your animal could plausibly need, and unless your trust says where the extra should go, it comes back to you if you're living and otherwise passes as part of your estate. Florida covers an animal that was alive during your lifetime, so a pet your family takes in after you die isn't protected by the same trust. Name a caretaker and a backup in the trust itself; the statute won't pick one for you.

Source: Fla. Stat. § 736.0408 ↗

How to set one up, and what it costs →

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 to 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 doesn't 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 to 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 can't.

How to make it valid.

Both documents have to be signed by you in front of two adult witnesses. The person you name as surrogate can't be one of the witnesses. At least one of the two witnesses has to be someone who is neither your spouse nor a blood relative, which means the other one can be. Florida doesn't require a notary, and it doesn't disqualify a witness for standing to inherit from you. (Fla. Stat. §§ 765.202(1)-(2), 765.302(1))

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 can't be your healthcare provider or an employee of your healthcare facility unless they're a relative.

• -Surrogate can't 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?

Start with Florida Statutes §§ 765.202, 765.302 (Health Care Advance Directives), linked as this section's source. Use the current form or sample that the official source provides or identifies. Form authority and execution requirements vary by state, so confirm the source before signing and get legal help if your situation or the instructions are unclear.

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

Florida requires 2 adult witnesses; notarization isn’t required. Anyone 18 or older of sound mind can make one.

At a Glance

There's no 48-hour wait. The 48 hours is a deadline.

Florida doesn't make you wait 48 hours after a death before cremating. Fla. Stat. § 497.607(1) runs the other way: once the legally authorized person signs the written authorization and agrees to a time in writing, the cremation has to be performed within 48 hours of that time. What actually gates a Florida cremation is the paperwork. The district medical examiner has jurisdiction over every body that is to be cremated and has to approve it (Fla. Stat. § 406.11(1)(c)), and a burial-transit permit is required before final disposition (Fla. Stat. § 382.006).

Authorization requirements.

Cremation requires written authorization from the legally authorized person, along with a signed declaration of what happens to the ashes. Fla. Stat. § 497.005(43) sets the order: (1) the decedent, through written instructions made during life, (2) a person named on the decedent's Department of Defense DD Form 93 if they died in military service, (3) surviving spouse, (4) adult child, (5) parent, (6) adult sibling, (7) adult grandchild, (8) grandparent, (9) the next degree of kinship.

If nobody claims the remains.

Since July 1, 2026, a licensee, such as a funeral home or direct disposal business, that has held human remains in its lawful possession for 90 days or more can dispose of them if the legally authorized person hasn't directed what to do (Fla. Stat. § 497.386(6)). Cremated remains nobody has claimed 90 days after the cremation can be disposed of too, down from 120 days. Disposal can include scattering at sea, placing them in a licensed cemetery scattering garden or pond or in a church columbarium, or another way the board's rules allow (§ 497.607(3)(a)).

Source: Chapter 2026-50 (CS/CS/SB 598), Florida Senate ↗

The body can't just sit.

A body can't be held anywhere or in transit more than 24 hours after death, or while final disposition is pending, unless it's refrigerated at 40 degrees Fahrenheit or below, embalmed, or otherwise preserved in an approved way. (Fla. Stat. § 497.386(2))

Scattering ashes.

Florida allows scattering of cremated remains at sea (at least 3 nautical miles from shore under 40 CFR 229.1) and on private property with the owner's permission. Florida doesn't 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 before you plan anything
• -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. Fla. Stat. § 497.260(1)(g) exempts family cemeteries of less than 2 acres that don't sell burial spaces or merchandise from the state's cemetery rules, which leaves the question to your county. Contact your county health department and local zoning authority before proceeding. Requirements vary significantly by county.

Who decides what happens to the body in Florida

Florida sets this order by statute. The first person on the list who is available and willing decides, and a funeral home takes its instructions from them.

1. the decedent, through written inter vivos authorizations and directions
2. person designated on the decedent's DD Form 93, if the decedent died in military service
3. surviving spouse
4. son or daughter 18 or older
5. parent
6. brother or sister 18 or older
7. grandchild 18 or older
8. grandparent
9. any person in the next degree of kinship
10. then, only if no family member exists or is available: guardian at death; personal representative; attorney in fact at death; health surrogate at death; public health officer; medical examiner, county commission or public administrator; representative of a nursing home or health care institution in charge of final disposition; or a willing friend or other person

Naming someone in advance. Florida recognizes the decedent's own "written inter vivos authorizations and directions," which sit at the top of the priority list, but § 497.005(43) prescribes no statutory form for them. For a service member, the DD Form 93 designee ranks second. An attorney in fact or health care surrogate is NOT a top-tier disposition agent in Florida: both appear only in paragraph (b), reachable only when no family member from paragraph (a) exists or is available.

When the same tier disagrees. The statute states no court procedure. It resolves intra-class conflict operationally: a funeral establishment must rely on the authorization of any one legally authorized person in a class if that person represents that she or he is unaware of any objection from others in the same class or from anyone in a higher priority class. A known objection therefore stops the funeral home rather than being outvoted.

Anyone arrested for an act of domestic violence against the decedent as defined in s. 741.28, or for any act that resulted in or contributed to the death, gets no legally recognizable interest, and the cross-reference to s. 732.802 ties this to Florida's slayer statute. Note the tier is arrest-based, not conviction-based. Because the priority list lives inside a definition, it drives the rest of chapter 497 (cremation and other disposition authorizations) rather than reading as a standalone right-of-disposition section.

Source: Fla. Stat. § 497.005(43) (definition of "legally authorized person") ↗

If you can't afford the funeral in Florida

Three separate pots of money, on three different agencies' websites, collected nowhere. A family that qualifies for all three usually claims none of them.

1. When nobody can pay. No statewide program. Florida law leaves it to counties: Fla. Stat. § 406.50(5) says that if the state anatomical board declines the remains, "the board of county commissioners or its designated county department of the county in which the death occurred or the remains were found may authorize and arrange for the burial or cremation of the entire remains," and "may by resolution or ordinance ... prescribe policies and procedures for final disposition of unclaimed remains." Families find their county's version by calling the human services or social services office of the county where the death occurred, not where the family lives. Two live examples read: Escambia County's "The Indigent Burial Program" and Leon County's "Indigent Cremation and Burial Programs." County board of county commissioners or its designated county department. Escambia County: Neighborhood & Human Services, Human Assistance. Leon County: Office of Human Services and Community Partnerships (850-606-1900), with "final disposition ... coordinated between local funeral homes and Leon County Public Works."

What it pays. not published. Neither § 406.50 nor either county page names a dollar figure. Escambia County states only: "If the deceased is determined eligible for program services, there is no cost to the family."

What disqualifies you. Set county by county. Escambia County: the deceased must be "declared indigent or unclaimed, resident or non-resident, if the death occurred within Escambia County," with the financial test being "the poverty threshold of 100 percent of the poverty income guidelines as established and published annually in the Federal Register," and "Application for services must be requested by the legal next-of-kin of the deceased." Leon County: "Eligibility is based on federal poverty guidelines. Insurance, income, and assets will be reviewed to determine eligibility."

The official page ↗

2. If the death was caused by a crime. "Funeral/Burial ... $7,500" (Office of the Attorney General, Bureau of Victim Compensation, Schedule of Benefits). The same table shows the timeframe within which the loss must be incurred for funeral/burial as "n/a," unlike wage loss, which is capped at one year.

Florida crime victim compensation ↗

3. Money the person was already owed. Search Florida's unclaimed property before you borrow anything. Searching and claiming are free.

Florida unclaimed property ↗

Unclaimed remains go to the state anatomical board first, and the county pays only if the board turns them down (§ 406.50(1), (5)). Before any disposition the county has to try to identify the person, reach relatives, and check whether the deceased was a veteran eligible for a national cemetery, which is free. In Escambia County the request has to come from the legal next of kin, so a friend or landlord can't start it.

At a Glance

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

Florida doesn't 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 Working Families Tax Cuts Bill (Public Law 119-21) made the higher exemption permanent in 2025.

Documentary stamp tax, and why inheriting rarely triggers it.

Florida charges a documentary stamp tax on deeds, 70 cents per $100 of consideration in every county except Miami-Dade, which charges 60 cents plus a surtax. The tax is computed on consideration, not on what the property is worth. That matters when someone dies. The Department of Revenue lists a personal representative's deed given under a duly probated will among the documents generally not subject to the tax, and when a deed recites only nominal consideration such as "$10 or other good and valuable consideration," the tax due is 70 cents total. A mortgage the heir takes on is consideration, so an inherited property with debt on it can owe real money. Ask a Florida title agent or attorney to price your specific deed.

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 doesn’t 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 Working Families Tax Cuts Bill (Public Law 119-21, 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 can't override a registered donor's decision.

First-person authorization.

A registered donor's decision is legally binding. A gift you haven't revoked is irrevocable after your death, and no family member, guardian, or health care surrogate may modify, deny, or prevent it (Fla. Stat. 765.512(1)(b)). Only the donor can amend or revoke the gift (Fla. Stat. 765.516). If you're not registered, your next of kin, in priority order, can authorize donation.

Source: Fla. Stat. 765.512 (2025) ↗

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.