No matter the size of your estate—large or modest—everyone owns an “estate” of sorts. An estate plan simply ensures that everything you own, and what you wish to happen if you become incapacitated or pass away, will be handled the way you intend under Florida law. By creating a plan, you reduce the chances your family is left guessing about your wishes.
A will defines who you want to receive your assets when you pass away and names a guardian for minor children. In Florida, it must be in writing, signed by you and witnessed by at least two people.
You’ll want both a financial power of attorney (so someone can manage your finances if you’re incapacitated) and a health care surrogate/designation of health-care proxy or living will in Florida.
A trust allows a third party (trustee) to hold assets on your behalf and specify how and when they will pass to your beneficiaries. In Florida, trusts can help manage assets, avoid or reduce probate, and maintain privacy.
Florida offers special protections (homestead protection) for your primary residence, and unique laws covering probate, intestacy, trusts, etc.
In Florida, nearly everyone can benefit from an estate plan — not just the wealthy. If you own a home, have bank accounts, investments, or personal property, an estate plan ensures those assets are managed and distributed according to your wishes. It also helps avoid confusion for your loved ones under Florida’s probate laws, which can be complex without clear instructions.
A solid Florida estate plan protects your family, preserves your assets, and provides direction if you become incapacitated or pass away. It can help:
Designate who inherits your assets.
Appoint someone to make financial or health-care decisions if you can’t.
Protect your Florida homestead property.
Reduce delays and costs associated with probate.
Support charitable or legacy goals.
The best time to start your estate plan is now — before you need it. Major life changes such as buying a home in Florida, getting married, having children, or starting a business are great opportunities to begin. Planning early ensures your wishes are legally documented and updated to comply with Florida’s laws.
A Florida estate plan typically includes:
Last Will and Testament – Specifies who receives your property and who will manage your estate.
Durable Power of Attorney – Authorizes someone to handle your finances if you’re unable to.
Health Care Surrogate & Living Will – Outlines medical decisions and end-of-life preferences.
Revocable or Irrevocable Trust – Helps manage assets, avoid probate, and maintain privacy.
Beneficiary Designations – Ensures life insurance and retirement accounts transfer smoothly.
Estate planning and financial planning go hand in hand. A financial plan helps you grow your assets; an estate plan protects and distributes them. Coordinating both ensures your investments, retirement accounts, and insurance policies align with your legacy goals under Florida law.
Yes. While a will is essential, it only takes effect after your death and doesn’t avoid probate. A more complete strategy — including a trust, durable power of attorney, and health care documents — can protect you during your lifetime and simplify matters for your heirs.
Absolutely. Even if you don’t have children, you likely have assets or causes you care about. An estate plan lets you choose who will receive your property, who will manage your affairs, and how your medical decisions will be handled in Florida — rather than leaving those choices up to state law.
Couples often plan together to coordinate decisions about shared property and dependents. However, under Florida law, each person should have their own individual will, powers of attorney, and health care directives, even if most provisions mirror each other.
If you pass away without an estate plan in Florida, state intestacy laws decide who inherits your assets. This may not reflect your wishes and can lead to costly, time-consuming probate proceedings. Without advance directives, your loved ones may also face difficult decisions about your care.
Yes. Certain tools — such as revocable living trusts, joint ownership, transfer-on-death designations, and properly structured beneficiary forms — can help you bypass Florida’s probate process. This saves time, maintains privacy, and reduces expenses for your heirs.
Review your Florida estate plan every 3–5 years, or sooner if:
You move to or from Florida.
You buy or sell property.
You get married, divorced, or have children.
Your financial situation changes significantly.
Florida updates its estate or trust laws.
Florida does not have a state inheritance or estate tax. However, your estate may still be subject to federal estate taxes if its total value exceeds federal thresholds. Proper planning with a Florida estate attorney or financial advisor can help minimize potential tax exposure and ensure compliance.