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Affidavit of No Florida Estate Tax Due STATE OF 2026

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The document is an Affidavit of No Florida Estate Tax Due (Form DR-312), which is used by personal representatives of estates to declare that no Florida estate tax is owed and that a federal estate tax return is not required. It outlines the necessary information to be provided, including the decedent's details, the representative's acknowledgment of liability for property distribution, and instructions for filing the form with the appropriate court clerk.

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Click ‘Get Form’ to open the Affidavit of No Florida Estate Tax Due in the editor.
Begin by entering your name as the personal representative in the designated field. Ensure that you are familiar with the definition provided in section 198.01 or section 731.201, Florida Statutes.
Next, input the decedent's name and date of death. Specify their state of domicile at the time of death.
Indicate whether the decedent was a U.S. citizen by checking the appropriate box.
Confirm that a federal estate tax return is not required for this estate by filling out that section.
Acknowledge your personal liability regarding property distribution by signing and dating the affidavit at the bottom.
Finally, file this form with the appropriate clerk of court, ensuring it is recorded properly.

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Versions	Form popularity	Fillable & printable
2024	4.8 Satisfied (27 Votes)
2021	4.8 Satisfied (50 Votes)
2013	4.4 Satisfied (546 Votes)
2011	4.3 Satisfied (175 Votes)

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Do you have to file an estate tax return in Florida?

Most relatively simple estates do not require the filing of an estate tax return. A filing is required for estates with combined gross assets and prior taxable gifts exceeding $11.4 million. Contact us online or by calling (954) 764-7273 today!

Does everyone have to file an estate tax return?

An estate tax return (Form 706) must be filed if the gross estate of the decedent (who is a U.S. citizen or resident), increased by the decedents adjusted taxable gifts and specific gift tax exemption, is valued at more than the filing threshold for the year of the decedents death, as shown in the table below.

What is an affidavit of no Florida estate tax due?

This affidavit serves as a formal declaration stating that no Florida estate taxes are owed. Its a vital document required to finalize the probate process and provide the court with official confirmation of tax compliance.

Do you have to file an estate tax return if no tax is due?

Yes, the IRS does require an estate tax return, specifically Form 706, for estates with combined gross assets and prior taxable gifts exceeding $12.92 million in 2023. This form should be filed even when no tax is due if the estate is valued at more than the exempt amount (set by law each year).

Do beneficiaries pay tax on estate income?

Generally, beneficiaries do not pay income tax on money or property that they inherit, but there are exceptions for retirement accounts, life insurance proceeds, and savings bond interest. Money inherited from a 401(k), 403(b), or IRA is taxable if that money was tax deductible when it was contributed.

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What happens if you dont file estate taxes?

If you dont file taxes for a deceased person, the IRS can take legal action by placing a federal lien against the Estate. This essentially means you must pay the federal taxes before closing any other debts or accounts.