DR-312 2026

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The document is the 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 details about the decedent and the personal representative, and instructions for filing the form with the appropriate clerk of court. The affidavit serves as evidence of nonliability for Florida estate tax and removes any associated liens.

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Click ‘Get Form’ to open DR-312 in the editor.
Begin by filling in the case style of the estate probate proceeding at the top of the form. This section is crucial for identifying your case.
In the first section, print your name as the personal representative of the estate. Ensure that you meet the definition provided in Florida Statutes.
Next, enter 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 and acknowledge that no Florida estate tax is owed by signing and dating at the bottom of the form.
Finally, ensure you have a notary public witness your signature before filing this form with the clerk of court in your county.

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How to avoid inheritance tax in Florida?

How much can you inherit without paying taxes in Florida? There is no inheritance tax in Florida, so no state inheritance or estate tax is owed on property inherited in Florida. Property inherited in Florida is still subject to federal inheritance tax laws, but most estates are under the federal exemption limit.

What is the difference between a tax lien and a tax deed in Florida?

The main difference between the two is that with a tax lien certificate an investor is purchasing the right to collect the taxes and place a lien on a property, while with a tax deed, an investor is actually purchasing the property, by virtue of a tax deed for unpaid real property taxes, at auction.

How do I fill out an affidavit of heirs in Florida?

How to Obtain an Affidavit of Heirs in Florida The decedents full name and last known address. Date and place of death. Marital history, including dates of marriages and divorces. A complete list of living and deceased relatives (spouse, children, parents, siblings, etc.)

What is a Dr. 312 in Florida?

Form DR-312 is admissible as evidence of nonliability for Florida estate tax and will remove the Departments estate tax lien. The Florida Department of Revenue will not issue Nontaxable Certificates for estates for which the DR-312 has been duly filed and no federal Form 706 or 706-NA is due.

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!

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What is the federal estate tax exemption for 2025?

The lifetime gift/estate tax exemption is $13.99 million in 2025. Couples making joint gifts can double that amount.

Who is exempt from paying estate tax?

The federal estate and gift tax exemption is $13.99 million per individual in 2025, and will increase to $15 million in 2026 under the One Big Beautiful Bill Act. This new exemption level is permanent and will be adjusted annually for inflation starting in 2027.

Do I have to pay taxes on an inheritance in Florida?

The good news is Florida does not have a separate state inheritance tax. Even further, heirs and beneficiaries in Florida do not pay income tax on any monies received from an estate because inherited property does not count as income for Federal income tax purposes (and Florida does not have a separate income tax).