What to Do When a Parent Dies in Florida

Start with people, not paperwork. Let close family know, and look for written funeral or burial wishes, at home, with a prepaid funeral contract or in a safe-deposit box.

If you need to look in a safe-deposit box, Florida lets the bank open it for a spouse, parent, adult child, or the person named as personal representative in a copy of the will. A bank officer must be present. The bank can release only a few items: the will, which goes to the probate court in that county, burial instructions or a cemetery deed, and a life insurance policy, which goes to the named beneficiary (Fla. Stat. 655.935). Everything else stays in the box until someone has legal authority.

Then secure the home. Lock it, collect mail, and move valuables, medicines and firearms to a safe place, listing what you took. Keep the power and homeowner's insurance on, and call the insurer, because some policies limit coverage for empty homes.

The funeral home usually orders certified death certificates for you. Banks, insurers, brokerages and the probate court will each want one, so many families order eight to ten.

Florida offers two versions. The full version shows the cause of death and full Social Security number, and is limited to a spouse, parent, adult child, grandchild or sibling, someone who shows an interest in the estate (for example, with a will or insurance policy), or someone with a court order. Anyone can get a version without those confidential details. Ordering from the Florida Bureau of Vital Statistics costs $5 for the first copy and $4 for each additional copy at the same time. Online orders through VitalChek, the state's only contracted online vendor, cost more (Florida Department of Health). Insurers and banks usually want the full version.

Funeral homes generally report the death to Social Security, so give them your parent's Social Security number. If no funeral home is involved, call Social Security yourself (SSA). Medicare is notified through Social Security, so you don't need a separate call (Medicare.gov).

One rule surprises many families. Social Security is paid a month behind, so no benefit is due for the month of death, even if your parent died on the 31st. If your mother died in June, the payment that arrives in July must be returned. If it came by direct deposit, tell the bank, which will send it back. Don't cash a paper check (SSA). SSI works differently: the payment for the month of death is kept, and later payments are returned.

If your parent was a veteran receiving VA benefits, call the VA at 1-800-827-1000 and select option 5. If the death isn't reported promptly, the family or estate may have to repay overpayments (VA News). The VA may also help with burial costs.

This is the most common honest mistake. A power of attorney ends when the person who signed it dies (Fla. Stat. 709.2109). If you were your mom's agent, you can no longer sign checks, use her debit card or move money. That includes paying her funeral or nursing home bill. Money in her name alone generally belongs to her estate and is paid out through probate or another court-approved process.

Some accounts pass outside probate. A joint account with a right of survivorship, a payable-on-death account, life insurance and IRAs with named beneficiaries usually go straight to the person named. Even then, call the bank before moving anything. Keep receipts for anything you pay personally, because the estate may reimburse proper expenses.

If your parent lived in a nursing home, federal rules require the facility to send any money it held in the resident's personal funds account, with a final accounting, to the person or court administering the estate within 30 days (42 CFR 483.10(f)(10)(v)).

In Florida, anyone holding the original will must deposit it with the clerk of the court in the county where the estate will be handled, within 10 days after learning of the death. The clerk will ask for the date of death or the last four digits of the Social Security number (Fla. Stat. 732.901). For a parent who lived in Palm Beach County, that's usually the Palm Beach County Clerk of the Circuit Court. A person who holds onto a will without good reason can be ordered to produce it and pay costs and attorney's fees.

Keep a copy. Depositing the will doesn't start probate. The Florida probate guide explains what may come next, including smaller-estate options.

In general, adult children don't owe a parent's debts personally, unless they co-signed or guaranteed them. Our article on paying for care explains why. Bills are paid from the estate.

If there's a probate case, the personal representative publishes a notice to creditors. Creditors generally have 3 months from the first publication to file a claim. A creditor who must be served directly gets 30 days from service if that's later (Fla. Stat. 733.702). Two years after death, most claims are barred whether or not probate was ever opened (Fla. Stat. 733.710).

If your parent was 55 or older, the personal representative must serve the notice to creditors and a death certificate on Florida's Agency for Health Care Administration (AHCA) within 3 months after first publication, unless AHCA has already filed a claim (Fla. Stat. 733.2121). That's how Medicaid learns of the estate. Florida can seek repayment of Medicaid paid after age 55, but not while a spouse, a child under 21, or a blind or disabled child survives. It can't recover from property that's protected homestead. Heirs can also ask for a hardship waiver (Fla. Stat. 409.9101). Don't pay a Medicaid claim from your own pocket before getting advice.