Florida Estate Planning:
What Do I Actually Need?
Answer 5 quick questions. Get your personalized action plan in 60 seconds — no attorney required for most Florida homeowners.
Last updated: January 25, 2026
Disclaimer: The information provided by this tool and throughout this article is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by your use of this website or tool. Estate planning laws vary by jurisdiction and individual circumstances. Always consult with a qualified Florida attorney or licensed professional before making legal or financial decisions. Property Exemption is not a law firm and does not provide legal services.
What Is Estate Planning?
Estate planning is deciding what happens to your stuff—and your family—if something happens to you.
If you own a home, have a bank account, or have people who depend on you, you already have an estate. The only question is whether you decide what happens to it—or the State of Florida decides for you.
Americans don't have a will—the most basic estate planning document
What keeps Florida families up at night
- "If I die, will my spouse lose the house?"
- "Will my kids have to go through probate for 18 months?"
- "What if I can't make decisions for myself?"
- "Am I paying for a trust I don't actually need?"
Estate planning answers all of these—usually with a few simple documents that cost far less than most people think.
The Four Pillars
What every estate plan answers
Who Gets What
Your will, beneficiaries, and deed titling determine where assets go.
Who's In Charge
Powers of attorney name someone to handle your affairs if you can't.
Who Cares for Kids
Your will names a guardian. Without one, a judge decides.
Minimizing Delays
Proper planning helps your family avoid probate and access assets faster.
What you actually need
Forget the complicated trust packages advertised on TV. For most Florida homeowners, it's simpler than you think.
Last Will & Testament
Names who gets what and who manages your estate
Durable Power of Attorney
Someone to handle finances if you're incapacitated
Healthcare Surrogate
Someone to make medical decisions for you
Living Will
Your wishes for end-of-life care
Proper Deed Titling
How your home is owned can avoid probate entirely
Most of this you can handle yourself, or with a few hundred dollars in legal fees. Keep reading to learn exactly what you need—and what you can skip.
Avoiding Probate in Florida
The Florida probate process is the court procedure that transfers assets after death. Without planning, here's what your family faces.
to settle a typical estate
of your estate's value
100% public record
Important: A will does not avoid probate. It must go through court to be validated.
How to avoid probate in Florida
Five proven methods
Most Florida homeowners can bypass probate entirely with the right setup.
Tenancy by the Entirety
For married couples. Property passes automatically to the surviving spouse—no court needed.
Lady Bird Deed
Transfer your home upon death while keeping full control now. No probate, no Medicaid issues.
How it works →Beneficiary Designations
Retirement accounts, life insurance, and bank accounts pass directly to named beneficiaries.
Payable-on-Death Accounts
Add POD to checking/savings. Beneficiary claims funds with death certificate and ID.
Living Trust
Holds assets and passes them without probate. Costs $1,500–$5,000+. Most don't need it →
Florida Homestead Protection
Your home is exempt from most creditors and can pass faster. But restrictions apply with a spouse or minor children.
See Florida rules →When probate can't be avoided
- • Assets solely in deceased's name
- • Real estate with no deed planning
- • Beneficiary disputes
- • Minor children inheriting directly
Protecting Your Spouse
The right deed titling protects your spouse from creditors, avoids probate, and ensures they keep the house.
The best protection
Tenancy by the Entirety
Florida's strongest form of marital property ownership. You and your spouse are treated as a single legal unit.
Creditors can't force a sale while both spouses are alive
Survivor owns 100% instantly—no probate needed
Neither spouse can sell or mortgage without the other
Check Your Deed
Your deed should say "husband and wife" or "tenants by the entirety." If you bought before marriage or only one name is on the deed, you may need to update it.
How to add your spouse →Without proper planning
What your spouse usually gets
If your home is only in one spouse's name, Florida's intestate laws decide what happens.
Life estate only—no ability to sell or move
Blended families need extra planning
If either spouse has children from a previous relationship, the surviving spouse may be forced to share the home with your children—or be unable to sell. A will or trust is essential.
Florida Homestead Restriction
Florida protects homesteads from creditors—but also restricts what you can do with them. With a surviving spouse or minor children, you cannot freely leave your homestead to anyone else. The spouse is entitled to either:
- A life estate (right to live there, but can't sell)
- 50% ownership as tenants in common with children
Action Steps
Review your deed
Check your county property appraiser website for how ownership is titled.
Add your spouse if needed
Consider adding them as tenants by the entirety for full protection.
Update beneficiaries
Check retirement accounts, life insurance, and bank accounts.
Consider a will
Essential for blended families to clarify your wishes.
Passing Property to Your Children
The wrong approach can cost your family thousands in taxes, trigger Medicaid problems, or force a sale. Here are your options—from worst to best.
The Big Question
How do you pass your home to your children?
The method you choose can mean the difference between a smooth transfer and a costly nightmare. One wrong move could trigger capital gains taxes, Medicaid penalties, or even force a sale.
Compare your options
Three ways to transfer your home
Add them to the deed now
- Triggers gift tax
- No stepped-up basis
- 5-year Medicaid lookback
- Their creditors can sue
- You lose control
Leave it in your will
- Kids get stepped-up basis
- You keep full control
- Goes through probate
- 6-12 month delay
- 3-8% in court costs
Lady Bird Deed
- Avoids probate entirely
- You keep full control
- Kids get stepped-up basis
- No Medicaid issues
- $250-$500 one-time cost
Why it works
The Lady Bird Deed explained
Officially called an "enhanced life estate deed"—Florida's best-kept estate planning secret.
Sell, refinance, or revoke anytime—no permission needed from anyone
Your children's creditors can't touch the property until you die
Keeps your exemption and Save Our Homes cap intact
When a Lady Bird Deed isn't enough
A Lady Bird deed works great for straightforward situations. But you may need a trust instead if:
- Your children are minors (a deed can't manage money for a 10-year-old)
- A child has special needs and receives government benefits
- You want to control how/when they receive the property (e.g., "at age 25")
- You own property in multiple states
- There's significant family conflict
Side-by-side comparison
How each method affects taxes, control, and your family's future
| Add to Deed | Will | Lady Bird | |
|---|---|---|---|
| Avoids probate | Yes | No | Yes |
| You keep full control | No | Yes | Yes |
| Kids get stepped-up basis | No | Yes | Yes |
| Protects homestead exemption | Maybe | Yes | Yes |
| No Medicaid lookback | No | Yes | Yes |
| Protected from kids' creditors | No | Yes | Yes |
If You've Inherited a Florida Home
Whether it's your childhood home or a property you've never seen, there are important decisions to make—and some great tax benefits you don't want to miss.
The best news first
You get a stepped-up basis
For tax purposes, you're treated as if you bought the property at its current value—not what the original owner paid. (IRS Publication 551)
Example: Mom's house
Bought in 1985
$75,000
Worth today
$425,000
If Mom sold it herself
Capital gains on $350,000 profit
If you inherit and sell
Capital gains: $0
Don't wait too long to sell
The stepped-up basis locks in at the date of death. If the property appreciates after that, you'll owe capital gains on the increase.
What to do next
Your four options
Each path has different tax implications and requirements. Here's how to decide.
Sell the property
The simplest path. Thanks to stepped-up basis, you'll likely owe little or no capital gains tax if you sell soon after inheriting.
If probate is required, wait for court authorization before listing.
Move in
Make it your primary residence and claim homestead exemption—worth thousands annually.
You'll start fresh with Save Our Homes; you don't inherit the previous cap.
Rent it out
Generate passive income and depreciate based on your new stepped-up basis.
No homestead exemption. Expect higher property taxes and landlord duties.
Keep it
Preserve the family home for vacations, gatherings, or future generations.
Budget for property taxes, insurance, maintenance, and any HOA fees.
Good news on taxes
Florida has no inheritance tax and no state income tax. Federal estate tax only applies to estates over $13.99 million.
One ongoing cost: property taxes. You're responsible from date of death—keep payments current to avoid liens.
Inherited with siblings?
Sell & split — Usually the cleanest option
One buys out others — Get an appraisal first
Keep it jointly — Agree on expenses upfront
Can't agree? Any co-owner can force a court sale (partition action)—but it's messy and expensive.
Your first steps after inheriting
A quick checklist to protect the property and yourself
Secure the property
Change locks, verify insurance coverage is active, check for any urgent repairs
Get a professional appraisal
This establishes your stepped-up basis—critical for taxes if you sell later
Update ownership records
Contact the county property appraiser to transfer the title into your name
Pay property taxes & HOA fees
You're responsible from date of death—don't let these become delinquent
Decide what to do with it
Sell, move in, rent, or keep—each has different implications (see options above)
Power of Attorney: Don't Skip This
These documents protect you while you're alive. Without them, your family faces court, attorneys, and months of delays just to pay your bills.
A power of attorney can only be signed while you're mentally competent
Once you're incapacitated, it's too late. Your family will need court guardianship—months of delays and thousands in legal fees.
Essential documents
The three documents everyone needs
Durable Power of Attorney
Financial matters: banking, bills, property, investments, taxes.
Requires: signature + 2 witnesses + notary
Healthcare Surrogate
Medical decisions: doctors, treatments, records, end-of-life care.
Requires: signature + 2 witnesses (no notary)
Living Will
End-of-life wishes: life support, feeding tubes, comfort care.
Removes the burden of agonizing decisions from your family
Don't Wait
These documents must be signed while you're healthy
Once you're incapacitated, it's too late. Your family would need to go through expensive guardianship court proceedings—costing thousands and taking months.
Florida requires 2 witnesses and a notary for power of attorney documents.
Who should you choose?
- Trustworthy — They'll have significant power
- Available — Nearby and able to act quickly
- Competent — Can handle paperwork
- Willing — Ask them first
Tip: You can name different people for financial and healthcare decisions.
When does it take effect?
Immediate
Takes effect as soon as you sign. Agent can act right away.
Springing
Only takes effect upon incapacity (requires doctor certification).
How to get these documents
| Option | Cost | Best For |
|---|---|---|
| Online services (LegalZoom, etc.) | $50-150 | Simple situations |
| Florida Bar forms + notary | $20-50 | DIY, detail-oriented |
| Estate planning attorney | $300-800 | Complex situations |
Where to keep these documents
- • Give copies to your named agents
- • Keep originals in a fireproof safe at home (NOT a safe deposit box)
- • Give healthcare documents to your doctor
- • Consider Florida's healthcare advance directive registry
Wills: The Foundation
Who gets what. Who manages your estate. Who raises your kids. Even if you avoid probate for most assets, you need a will as a safety net.
Florida requirements
What makes a will valid
Miss one requirement and your will could be thrown out.
In writing
Oral wills are not valid in Florida
18+ and sound mind
Must understand what you're signing
Signed by you
At the end of the document
Two witnesses
Present when you sign, sign together
A notary stamp does NOT make a will valid
You need two witnesses who watch you sign and sign themselves. A notary can make the will "self-proving" (faster probate), but witnesses are what matter.
What to include in your will
Personal Representative (Executor)
Manages your estate through probate—pays debts, distributes assets, files taxes.
Beneficiaries
Who gets what. Be specific: "my diamond ring to Sarah" not "my jewelry to my kids."
Guardian for Minor Children
If both parents die, who raises your kids? Name a backup too.
Residuary Clause
"Everything else goes to..." Catches anything you forgot to mention.
Without a will
Florida law decides who inherits
Die "intestate" and Florida Statutes §732.101-111 determines everything.
Important: Stepchildren and foster children you never legally adopted won't inherit anything. You need a will.
When to update your will
Review every 3-5 years, or immediately after:
- • Marriage or divorce
- • Birth or adoption of a child
- • Death of beneficiary or executor
- • Major asset changes
- • Moving to/from Florida
Moved from another state?
Your out-of-state will is probably valid, but may lack Florida-specific provisions (like homestead). Consider having a Florida attorney review it.
Trusts: Do You Actually Need One?
Most Florida homeowners don't. A revocable living trust isn't a magic solution—and comes with real costs. Here's how to know if you're the exception.
You probably need a trust if...
Minor children
Manage money until they're mature (e.g., "1/3 at 25, 30, 35")
Special needs beneficiary
Won't disqualify them from SSI/Medicaid
Property in multiple states
Avoids separate probate in each state
Blended family
Protect kids' inheritance from prior marriage
Privacy matters / expect conflict
Trusts stay private, harder to contest
You probably don't need one if...
Married with home titled as tenants by entirety
Lady Bird deed can transfer home to adult children
Wealth is mostly retirement accounts and life insurance
Straightforward estate with clear beneficiaries
Estate under $75K (qualifies for summary administration)
Real costs
The #1 trust mistake
A trust only avoids probate for assets actually in the trust. If you never transfer your home, accounts, or investments into it, they still go through probate. This "unfunded trust" mistake is shockingly common.
Florida Estate Planning Checklist
Use this to make sure you've covered the essentials. Start with Priority 1 and work your way down. (See also: NIA's Getting Your Affairs in Order)
Must-haves
Core documents
Your biggest asset
Protect your home
Bypass probate
Beneficiary designations
Help your family
Organization & communication
Ongoing: Review every 3-5 years
Update after marriage, divorce, birth, death, major asset changes, or moving states. Estate planning isn't "set it and forget it."
When You Need an Estate Planning Attorney in Florida
Not everyone needs one. If your situation is straightforward, online services work fine. But some situations require a Florida estate planning attorney.
You can probably DIY if...
- Married, no children from prior relationships
- Adult children, leaving everything equally
- Estate is home + retirement + insurance
- No disabled beneficiaries
- Only own Florida property
LegalZoom, Trust & Will, or Florida Bar forms: $50–300
Hire an attorney if...
- Blended family — kids from prior relationships
- Minor children — need trust to manage money
- Special needs — could lose government benefits
- Business owner — complex interests
- Multi-state property — different laws
- Medicaid planning — asset protection
What does it cost?
| Service | Florida Cost |
|---|---|
| Simple will + POA + healthcare directive | $500–$1,500 |
| Revocable living trust package | $1,500–$3,500 |
| Complex trust (special needs, blended) | $3,000–$5,000+ |
| Lady Bird deed only | $250–$500 |
How to find a good attorney
Florida Bar Lawyer Referral
1-800-342-8011 or floridabar.org
Ask for flat-fee pricing
Avoid open-ended hourly billing
Look for specialists
Not just general practice
Get referrals
Friends, accountant, financial advisor
Watch out for...
- • "Free" seminars that are high-pressure sales pitches
- • One-size-fits-all $3,000 trust packages
- • Pressure tactics instead of explaining options
The hybrid approach
Use online services for basics (will, POA), then pay an attorney to review—or handle just the complex piece (Lady Bird deed, special needs trust).
Florida-Specific Considerations
What makes estate planning in the Sunshine State unique
Florida isn't like other states. Our constitution provides unique protections for homeowners—but also creates some restrictions you won't find elsewhere.
Article X, Section 4
Florida Homestead: Protection & Restrictions
Powerful protections—but with strings attached
Protections
- Protected from most creditors (not mortgages or taxes)
- Cannot be forced to sell to pay judgments
- Homestead exemption reduces property taxes
- Save Our Homes caps assessment increases at 3%/year
- Special protections in bankruptcy
Restrictions on Inheritance
- Cannot freely devise if you have a spouse or minor children
- Surviving spouse has constitutional rights to the homestead
- Cannot disinherit spouse from homestead in your will
- Minor children have protected interests
The Homestead Inheritance Trap
If you're married and try to leave your homestead to your children (instead of your spouse) in your will, it won't work. Your surviving spouse is entitled to either a life estate or 50% ownership. The spouse can waive these rights—but only in writing, typically through a prenuptial or postnuptial agreement.
Big Advantage
Florida Has No State Death Taxes
Unlike New York, Massachusetts, or Oregon, Florida does not impose any state estate tax or inheritance tax. You may still owe federal estate taxes if your estate exceeds $13.99 million (2025 threshold)—but the vast majority of Florida families owe nothing.
Lady Bird Deeds
Only a handful of states recognize Lady Bird deeds (enhanced life estate deeds), and Florida is one of them. Transfer your home to beneficiaries upon death while keeping full control during your lifetime.
- Sell, refinance, or revoke without permission
- No gift tax implications
- Beneficiaries get stepped-up tax basis
- Doesn't trigger Medicaid lookback
Tenancy by the Entirety
Florida extends TBE protection beyond just real estate. Married couples can hold any asset—bank accounts, investments, even personal property—as tenants by the entirety.
Powerful protection: If only one spouse is sued or has debts, creditors cannot touch assets held as TBE while both spouses are alive. This is stronger than many other states.
Florida's Elective Share
Even if your will leaves everything to someone else, your surviving spouse has a right to claim an "elective share" of 30% of your estate.
Practical impact: In a second marriage, your new spouse can claim 30% of your estate even if you wanted to leave everything to your children—unless they've waived that right in writing.
Summary Administration
Florida's simplified probate shortcut for smaller estates. Completed in weeks rather than months.
$75K
Estate threshold
(excluding homestead)
2 yrs
Or time since
death
Moved to Florida From Another State?
Welcome to the Sunshine State! But your old estate plan may need updating:
Will validity: Probably still valid, but may lack Florida provisions
Power of attorney: Florida institutions may reject out-of-state POAs
Homestead: You likely qualify—apply immediately
Deed titling: Review how your home is titled
Key Florida Statutes to Know
Reference guide for the legal foundations
| Topic | Florida Statute |
|---|---|
| Wills | Chapter 732 |
| Probate | Chapters 731-735 |
| Trusts | Chapter 736 (Florida Trust Code) |
| Power of Attorney | Chapter 709 |
| Healthcare Advance Directives | Chapter 765 |
| Homestead | Florida Constitution Art. X, §4 |
Florida law is updated periodically. This reflects laws as of January 2026. Always verify with an attorney or leg.state.fl.us.
Common Questions
How much does estate planning cost in Florida?
Can I do my own estate planning without a lawyer?
What's the difference between a will and a trust?
How do I avoid probate in Florida?
Does a will avoid probate in Florida?
What happens if I die without a will in Florida?
What is a Lady Bird deed in Florida?
How often should I update my estate plan?
Need personalized estate planning guidance?
Our Florida-based team can help answer your questions.
Official Resources & Related Guides
External links connect to official organizations. Always consult qualified professionals for personalized legal advice.