Florida Executor & Trustee Checklist
You've been named executor or trustee in Florida — and probably handed no instructions. This is the ordered list of what to do, in the sequence Florida expects it, with the deadlines and terminology that are specific to this state. Work down it, check things off, and nothing important slips.
- Who administers the estate
- Personal Representative (Florida statutory term)
- Court
- Circuit Court, probate division, in the county of the decedent's domicile
- Appointment document
- Letters of Administration ('Letters') — the same document whether testate or intestate
- Creditor claim window
- 3 months from first publication (2-year absolute bar from death regardless of notice)
- Inventory deadline
- Within 60 days of issuance of letters
- Trustee notice deadline
- 60 days
- State death tax
- No Florida estate tax and no inheritance tax
If you're the Executor / Personal Representative
The probate track — administering the estate through the Circuit Court, probate division, in the county of the decedent's domicile.
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This is the document that proves you have authority to act as Personal Representative (Florida statutory term).
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Notice to Creditors published once a week for 2 consecutive weeks (Fla. Stat. 733.2121). Known/reasonably ascertainable creditors must be served and then have the later of 3 months from publication or 30 days from service.
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Within 60 days of issuance of letters (Fla. Stat. 733.604); served on interested persons, not filed as public record unless ordered.
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Notice of Administration served on the surviving spouse, beneficiaries, and other interested persons (Fla. Prob. R. 5.240); recipients generally have 3 months to object.
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Get an EIN for the estate from the IRS (free at irs.gov, ~10 minutes) — the estate is its own taxpayer and you'll need it before a bank will open an account.
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Open a dedicated estate bank account — every dollar in or out flows through it; commingling estate money with your own is the fastest way to get into trouble.
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Keep receipts and records of every transaction and decision — not just what you did, but why; your final accounting is built from this and it's your protection if a choice is ever questioned.
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Pay valid claims and taxes before distributing anything, in the statutory order — paying family first can leave you personally liable. No Florida estate tax and no inheritance tax (state constitution bars them). Only federal estate tax may apply.
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Collect a signed receipt or release from every beneficiary when you distribute.
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Final accounting and petition for discharge; the court enters an order of discharge (Fla. Prob. R. 5.400). Cannot distribute/close before the 3-month claim period runs.
Celestial Divide keeps the inventory, valuations, creditor claims, and beneficiary distributions organized in one place — so nothing on this checklist slips through the cracks.
14 days, no credit card
If you're the Trustee
The trust track — administering a trust outside of probate.
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Locate and read the entire trust document, including any amendments and restatements — your powers, limits, and timelines live there.
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60 days — within 60 days after a formerly revocable trust becomes irrevocable (settlor's death), the trustee must notify qualified beneficiaries (Fla. Stat. 736.0813(1)(b)).
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Notice to Creditors published once a week for 2 consecutive weeks (Fla. Stat. 733.2121). Known/reasonably ascertainable creditors must be served and then have the later of 3 months from publication or 30 days from service.
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Get an EIN for the trust from the IRS — the trust becomes irrevocable at death and files its own returns from that point.
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Retitle and gather the trust assets; hunt down anything never moved into the trust — it may need probate.
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Keep trust assets separate from your own, always — separate accounts, separate records, no exceptions.
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Document every decision, valuation, and distribution as you go.
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Account to the beneficiaries at least annually and at termination.
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Distribute according to the terms of the trust and collect signed receipts and releases.
Good to know in Florida
Summary Administration when the probate estate (less exempt property) is $75,000 or less, OR the decedent has been dead more than 2 years (Fla. Stat. 735.201–735.2063). Also Disposition of Personal Property Without Administration for very small estates.
Final accounting and petition for discharge; the court enters an order of discharge (Fla. Prob. R. 5.400). Cannot distribute/close before the 3-month claim period runs.
An attorney is required for the PR in formal administration (Fla. Prob. R. 5.030) unless the PR is the sole interested person. Homestead real property passes outside probate and is constitutionally protected from creditors. 30% elective share protects a surviving spouse.
Sources — investigate further
The steps above are drawn from Florida's own statutes and courts. To dig deeper:
We'll email you a copy so it's always one click away. No spam — just the checklist and the occasional estate-settlement tip.
Celestial Divide keeps the inventory, valuations, creditor claims, and beneficiary distributions organized in one place — so nothing on this checklist slips through the cracks.
14 days, no credit card
General information, not legal advice. Laws change and county practice varies. When in doubt, talk to a probate attorney licensed in the relevant state.