Step 1: Locate the Will (If There Is One)

The first thing to look for is the person's last will and testament. It is often kept at home in a safe, with an attorney, or in a safety deposit box. If a will exists, it names an executor, called a "personal representative" in Florida, who is responsible for managing the estate.

If there is no will, Florida law decides who inherits the estate through what is called "intestate succession." This usually goes to the closest family members, starting with a spouse and children.

Step 2: Determine If Probate Is Needed

Probate is the court process of settling someone's estate. Not every estate has to go through it. Florida offers a few different paths depending on the size and type of the estate:

1. Formal Administration - Used for larger or more complicated estates. This is the most involved probate process.

2. Summary Administration - A faster, simpler option for smaller estates or when the person has been passed for more than two years.

3. Disposition of Personal Property Without Administration - Used in very limited cases, mainly to reimburse funeral or medical expenses.

You can find official guidance on these processes at flcourts.gov, and many Florida counties also have self-help centers if you want to explore filing on your own.

Step 3: Notify the Right People and Institutions

Once probate is opened (if it is needed), the personal representative typically needs to notify:

- Banks and financial institutions

- Social Security Administration

- Life insurance companies

- Creditors, through a formal notice process

Florida law requires that known creditors be notified so they have a chance to file claims against the estate.

Step 4: Pay Debts and Distribute Assets 

Before anyone inherits anything, the estate's valid debts, taxes, and expenses have to be paid. Once that is done, the personal representative distributes what is left according to the will, or according to Florida's intestate succession laws if there was no will.

Where a Notary or Document Preparer Fits In

A lot of people are surprised to learn how much notarized paperwork is involved in this process. Petitions, affidavits, waivers, and various estate documents often need to be signed in front of a notary, and some documents also need to be properly prepared before they can even be filed.

This is where I can help. As a Florida notary who also assists with legal document preparation, I can come to you (or meet you online through Remote Online Notarization) to notarize the documents you need during this process, without adding another errand to an already difficult time.

A Few Helpful Resources

If you want to look into this further on your own, these are trustworthy, free places to start:

- floridacourts.gov self-help forms

- FreeWill, Trust & Will, or the Florida Bar Consumer Information for help thinking through estate planning

- AARP's estate planning tools

I always encourage people to know their options, whether that means doing some of this yourself or bringing in help when it makes sense.

If your family is in the middle of a difficult situation and needs documents signed right away, we are here to help. My Mobile Notary Tonya provides professional, compassionate mobile notary services throughout Broward and Palm Beach Counties. We come to hospitals, care facilities, private homes, and anywhere else your family needs us.

This article is for general informational purposes and is not legal advice. For guidance and advice specific to your situation, please consult a licensed Florida attorney.