The Florida Estate Planning checklist

1. Take inventory

List what you own — accounts, your Florida home, investments, life insurance, valuables — and roughly what each is worth. You do not need exact numbers; you need a clear picture of what your plan has to cover. Note your homestead separately: in Florida it gets special treatment.

2. A Florida will

Your will names beneficiaries, a personal representative to settle your estate, and a guardian for minor children. To be valid it must meet Florida’s execution rules — signed at the end before two witnesses present together (§732.502). It is the foundation, even if you also use a trust.

3. A revocable living trust, if it fits

A funded revocable living trust can keep assets out of Florida probate and plan for incapacity. It is especially worth considering if you own real estate (including out-of-state property), value privacy, or want to control how and when beneficiaries inherit.

4. A durable power of attorney

This lets someone you trust manage your finances if you cannot, and helps your family avoid a court-supervised guardianship. In Florida a durable power of attorney is effective when you sign it (there is no springing POA), so choose your agent carefully.

5. A healthcare directive

A Florida health care surrogate designation (§765.202) names a medical decision-maker, and a living will (§765.302) records your end-of-life wishes. Every adult should have both.

6. Beneficiary designations

Retirement accounts and life insurance pass by beneficiary designation, not by your will — and in Florida these also count toward a surviving spouse’s elective share. Review them and keep them coordinated with the rest of your plan.

7. Mind the Florida specifics

Florida has no estate or inheritance tax, but it does have homestead rules that limit who can inherit your home and a 30% spousal elective share. A good Florida plan is built around those. EstateDraftFL prepares each document tailored to Florida; an optional licensed-Florida-attorney review is available.

Frequently asked questions

What documents do I need for a basic Florida estate plan?

Most people start with a Florida will, a durable financial power of attorney, and a healthcare directive (a health care surrogate plus a living will). Many add a revocable living trust depending on their assets and goals.

How often should I update my Florida estate plan?

Review it after major life events — marriage, divorce, a new child, a move to or from Florida, or a big change in assets — and otherwise every few years.

Does Florida charge an estate tax I need to plan for?

No. Florida has no estate tax and no inheritance tax, so planning here is about control and probate avoidance, not tax.

General information about Florida law, not legal advice.