Fla. Stat. 198.26
No discharge of personal representative until tax is paid

(1)

No final account of a personal representative shall be allowed by any court unless and until such account shows, and the judge of said court finds, that the tax imposed by the provisions of this chapter upon the personal representative, which has become payable, has been paid. The certificate of the department of nonliability for the tax or its receipt for the amount of tax therein certified shall be conclusive in such proceedings as to the liability or the payment of the tax to the extent of said certificate. In the case of a nontaxable estate, the court may consider the affidavit prepared pursuant to s. 198.32(2) as evidence of the nonliability for tax.

(2)

Notwithstanding any other provisions of this section and applicable to the estate of a decedent who dies after December 31, 2004, if, upon the death of the decedent, a state estate tax credit or a generation-skipping transfer credit is not allowable pursuant to the Internal Revenue Code of 1986, as amended, this section shall not apply.

Source: Section 198.26 — No discharge of personal representative until tax is paid, https://www.­flsenate.­gov/Laws/Statutes/2024/0198.­26 (accessed Aug. 7, 2025).

198.01
Definitions 198.02
Tax upon estates of resident decedents 198.03
Tax upon estates of nonresident decedents 198.04
Tax upon estates of alien decedents 198.05
Administration of law by Department of Revenue 198.06
Examination of books, papers, records, or memoranda by the department 198.07
Appointment of agents by department 198.08
Rules 198.11
Appointment of special appraisers 198.13
Tax return to be made in certain cases 198.14
Failure to make return 198.15
When tax due 198.015
Domicile of decedent 198.16
Notice of determination of deficiency in federal tax to be filed with department 198.17
Deficiency 198.18
Failure to pay tax 198.19
Receipts for taxes 198.20
Failure to pay tax when due, department’s warrant, etc 198.21
Tax due payable from entire estate 198.021
Tax upon generation-skipping transfers of residents 198.22
Lien for unpaid taxes 198.23
Personal liability of personal representative 198.24
Sale of real estate by personal representative to pay tax 198.25
Actions to enforce payment of tax 198.26
No discharge of personal representative until tax is paid 198.28
Time for assessment of tax 198.29
Refunds of excess tax paid 198.30
Circuit judge to report names of decedents, etc 198.31
Duties and powers of corporate personal representatives of nonresident decedents 198.031
Tax upon generation-skipping transfers of nonresidents 198.32
Prima facie liability for tax 198.33
Discharge of estate, notice of lien, limitation on lien, etc 198.34
Disposition of proceeds from taxes 198.35
Interpretation and construction 198.36
Failure to produce records 198.37
Failure to make return 198.38
False return 198.39
False statement in return 198.40
Failure to pay tax, evasion of tax, etc. 198.41
Effectiveness of this chapter, etc 198.42
Short title 198.44
Certain exemptions from inheritance and estate taxes 198.155
Payment of tax on generation-skipping transfers

Current through Fall 2025

§ 198.26. No discharge of personal representative until tax is paid's source at flsenate​.gov