What to Do When a Spouse Dies in Florida: A Step-by-Step Timeline

You're reading this because your world just changed. The administrative tasks ahead of you feel overwhelming — and many of them have deadlines that don't wait for grief to pass.

This is not a comprehensive legal guide. It is a sequenced timeline: what has to happen first, what can wait, and what you must not accidentally miss. Florida has specific laws and deadlines that differ from other states, and several of them are merciless if you're late.

Days 1–3: Immediate Actions

Get death certificates — more than you think you need. Order 10–15 certified copies from the Florida Department of Health or the funeral director who is coordinating with vital statistics. Two types matter:

• Long-form (includes cause of death): Required for life insurance claims, workers' compensation, crime victim compensation, and VA benefits
• Short-form (excludes cause of death): Used for property transfers, vehicle retitling, bank notifications, and probate filings

Do not order only long-form copies. Some agencies specifically require the short form to protect the decedent's medical privacy. The funeral home can help you order the right mix.

If the death was crime-related, call law enforcement within 72 hours. Florida's crime victim compensation program (which pays up to $7,500 toward funeral costs) requires the crime to have been reported to law enforcement within 72 hours. This window does not flex.

Secure the property. Change locks if necessary. Make sure the home's insurance policy is still active — some policies become void or require endorsement upon the death of the primary insured. Call your homeowner's insurance carrier within the first week.

Contact the employer. If your spouse was employed at the time of death, notify their employer immediately. This triggers several processes:

• The employer notifies the workers' compensation carrier (if the death was work-related)
• Florida Mini-COBRA or COBRA health insurance continuation notices must be generated
• Final wages, accrued vacation, and unused leave can be paid directly to the surviving spouse under F.S. §222.15 without probate

Days 4–10: Document Recovery and Critical Filings

Locate and deposit the original will within 10 days. Under Florida Statute §732.901, the custodian of a Last Will and Testament must deposit the original with the Clerk of the Circuit Court in the county where the decedent resided within 10 days of learning of the death. Failure to do so is a misdemeanor. This is not the same as opening a formal probate — you are simply depositing the document for safekeeping as required by law.

Find and inventory all accounts. Pull together bank accounts, investment accounts, retirement accounts, life insurance policies, and real estate deeds. For each account, determine:

• Is there a named beneficiary or POD/TOD designation? If yes, the account passes directly to that person — contact the institution to initiate the claim.
• Is there a joint owner with rights of survivorship? If yes, the account is already yours — notify the institution and update the account to your name alone.
• Is it solely in the deceased's name with no designation? This is a probate asset.

Notify Social Security. The SSA must be notified of the death. If the deceased was receiving Social Security retirement benefits, any payment received after the month of death must be returned. As a surviving spouse, you may qualify for survivor benefits — the amount depends on your age, the deceased's work record, and whether you have qualifying children. Call 1-800-772-1213 or visit your local SSA office.

Days 10–30: Non-Probate Asset Recovery

Claim non-probate assets before starting probate. Several types of assets transfer immediately without court involvement:

• Final wages under F.S. §222.15: Contact the employer's HR department and the Bureau of State Payrolls (for state employees) with the required forms. Do not wait for probate to start.
• Vehicles: Use Form HSMV 82040, Section 13 ("Release of Spouse or Heirs Interest"), at the county tax collector's office with the death certificate and proof of Florida vehicle insurance. No probate order required if the estate is not already in formal probate.
• Bank accounts with POD designations: Present the death certificate to the financial institution. They will transfer the funds.
• Life insurance: Contact each insurer with a long-form death certificate and complete their claim form. Florida law requires insurers to pay within a reasonable time; claims delayed beyond 90 days accrue interest under F.S. §627.4615.
• FRS pension (Florida Retirement System): If your spouse was a state, county, or school board employee, contact the Division of Retirement immediately. The joint annuitant must select between a lump-sum refund and lifetime monthly benefits — this is an irrevocable decision.

Elect Mini-COBRA or COBRA within 63 days. If you were covered under your spouse's employer health plan, you have 63 days from the qualifying event (the death) to elect continuation coverage. Don't wait for the notice to arrive — call the insurer directly.

Month 1–3: Assess the Probate Situation

Calculate the probate estate. Once you have inventoried non-probate assets (joint accounts, beneficiary accounts, Lady Bird deed property, trust assets), what's left is the probate estate. Under the 2026 CS/HB 1337 rules effective July 1, 2026:

• Disposition Without Administration: Available only if there is no real estate in the deceased's name and the total estate (minus funeral costs and 60-day medical expenses) is negligible. Fastest option — 2–4 weeks.
• Summary Administration: Available if non-exempt probate assets are $150,000 or less. Also available if the decedent has been dead for more than two years. Takes 4–8 weeks. No Personal Representative is appointed.
• Formal Administration: Required for estates over $150,000 in non-exempt assets, or with complex creditor issues, business interests, or contested inheritances. Takes 6–12 months. Requires a Florida-licensed attorney for the Personal Representative under Florida Probate Rule 5.030.

Key exemptions from the threshold calculation: The primary homestead, two motor vehicles, and up to $20,000 in household furnishings are excluded from the non-exempt asset total. Many families qualify for summary administration once these are properly excluded.

Your Rights as a Surviving Spouse

Florida law provides significant protections for surviving spouses that cannot be overridden by a will:

Elective Share (F.S. §732.201): You are entitled to 30% of the "elective estate" regardless of what the will says. The elective estate includes probate assets and most non-probate transfers (trusts, POD accounts, life insurance cash value). This right must be exercised within 6 months of receiving the notice of administration, or within 2 years of death — whichever is first. If you are in a blended family situation where the will leaves everything to children from a prior marriage, this is your primary protection.

Family Allowance (F.S. §732.403): During formal administration, when estate assets are frozen, you can petition the court for up to $18,000 to cover living expenses. This is paid before creditors and does not come out of your inheritance share.

Homestead Protection: The primary residence cannot be devised away from you without your written consent. Even if the will leaves the home to children, you have a life estate in the homestead automatically.

Critical Annual Deadline: March 1

Every surviving spouse needs to know this date. The March 1 filing deadline applies to Florida property tax exemptions:

• The $5,000 widow/widower exemption under F.S. §196.202 — file with your county property appraiser
• The 100% property tax exemption for surviving spouses of first responders who died in the line of duty — file with your county property appraiser
• The 100% exemption for surviving spouses of veterans who died from service-connected causes on active duty — file with your county property appraiser

File as early in the new year as possible. Do not wait until late February.

What to Do Right Now

If you're in the first 30 days, prioritize this sequence:

1. Get 10–15 certified death certificates
2. Deposit the will with the county clerk
3. Notify Social Security, employers, and financial institutions
4. Elect health insurance continuation within 63 days
5. File crime victim compensation if applicable (crime reported within 72 hours)
6. Recover wages and vehicles without probate
7. Assess whether the probate estate qualifies for summary administration

The administrative work of settling a Florida estate touches dozens of agencies, statutes, and deadlines. The Florida Survivor Benefits Navigator was built for exactly this situation — consolidating the full Florida-specific roadmap with worksheets, templates, and county-by-county filing guidance into one place you can work through at your own pace.

See more Florida guides →