(1) When the decedent died prior to January 1, 2005, Florida Statutes § 198.19, requires that a Final Certificate be issued to the personal representative. However, if an attorney is representing the estate and files the estate tax return, the Final Certificate will be mailed to the attorney, and a copy of the Final Certificate transmittal letter will be sent to the personal representative. Otherwise, the Final Certificate will be mailed to the personal representative. If it is determined that no estate taxes are due to the State of Florida, the Department (upon receipt of a $5.00 fee for each certificate requested) will issue a Nontaxable Certificate to the personal representative, administrator, curator, heirs, devisees, or legatees of the decedent.
    (2) For decedents who died on or after January 1, 2005, the Department will not issue a Final Certificate or Nontaxable Certificate to the personal representative of the estate, as defined in Florida Statutes § 198.01(2) The personal representative may file an Affidavit of No Florida Estate Tax Due (Form DR-312, incorporated by reference in Fl. Admin. Code R. 12C-3.008) or an Affidavit of No Florida Estate Tax Due When Federal Return is Required (Form DR-313, incorporated by reference in Fl. Admin. Code R. 12C-3.008), as provided in Fl. Admin. Code R. 12C-3.0015, to evidence that no Florida estate tax liability is due.
Rulemaking Authority 198.08, 213.06(1) FS. Law Implemented 198.13(2), 198.19 FS. History-New 6-7-78, Formerly 12C-3.10, Amended 1-11-93, 8-25-94, 12-13-94, 4-14-09, 1-20-14.