After losing someone you love, being named to settle their estate can feel overwhelming. There are forms, deadlines, and decisions, all while you are grieving. This checklist walks Palm Beach families through the process in a calm, orderly way, following Florida’s Probate Code (Chapters 731 to 735). Take it one step at a time.
First Steps in the First Weeks
- Locate the original will and any trust documents. In Florida, the original will must be deposited with the clerk of the circuit court in the county of residence, generally within 10 days of learning of the death.
- Order multiple certified copies of the death certificate; you will need them for banks, insurers, and the court.
- Secure the Palm Beach home and any vehicles, and make sure the property is insured and maintained.
- Notify Social Security, pension plans, and any agencies issuing benefits.
Opening the Estate
Most estates that require court involvement use one of two paths. Formal administration applies to most estates and involves appointing a personal representative through letters of administration. Summary administration is a faster, simpler route available when the estate’s qualifying assets are valued at $75,000 or less, or when the person has been deceased for more than two years. A Florida attorney can tell you which fits.
Gathering and Valuing Assets
- Inventory all assets: accounts, real estate, vehicles, personal property, and business interests.
- Determine which assets actually pass through probate versus those with beneficiaries or survivorship rights that transfer automatically.
- Confirm the homestead status of the Palm Beach residence, which carries special protections under Florida’s Constitution (Article X, Section 4).
- Obtain date-of-death valuations where needed.
Handling Debts and Creditors
The personal representative must publish a notice to creditors and serve known creditors directly. Creditors then have a limited statutory period to file claims, after which most untimely claims are barred. Legitimate debts, final expenses, and administration costs are paid from estate assets before any distribution to beneficiaries. Do not rush to distribute money before this step, because the personal representative can be held responsible for paying heirs prematurely.
Taxes
Good news for Palm Beach families: Florida imposes no state estate tax and no inheritance tax. The personal representative should still file the decedent’s final personal income tax return, and an estate income tax return if the estate earns income during administration. Large estates may have federal filing obligations, but most do not.
Protecting Spouses and Family
Florida law protects a surviving spouse through tools like the elective share (sections 732.2065 and following), which can entitle a spouse to a percentage of the elective estate, plus homestead and family allowance rights. If a surviving spouse feels left out of the will, these protections deserve a careful look.
Closing the Estate
- Pay all approved claims and expenses.
- Distribute remaining assets to the beneficiaries according to the will or Florida intestacy law.
- Obtain receipts from beneficiaries and file the final documents to discharge the personal representative.
Settling an estate is a marathon, not a sprint. Many Palm Beach families find that working methodically through these steps brings a quiet sense of having honored their loved one well.
Consult a Florida attorney: Deadlines and personal-representative duties carry real legal responsibility. A qualified Florida probate attorney serving Palm Beach can guide you through each step and help you avoid personal liability.
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For more on our Florida practice, see our overview of Florida probate administration. Morgan Legal Group's affiliated New York office also handles .
