What Should Every Florida Estate Plan Include

A surprisingly low percentage of the American populace has written an estate plan, ignoring the fact that it is important. A survey conducted by the Pew Research Center in 2025 showed that a mere 32% of Americans have a valid will, which leaves numerous families lacking legal guidance on matters of estate management.

Having an estate plan is important since it protects families, wealth, and wishes. Estate planning involves the use of important legal instruments like a will, a revocable living trust, and a durable power of attorney.

These legal papers help in the operation of assets and provide protection during the lifetime of their owner. These documents also minimize conflicts in court over division of property and specify bereavement instructions for mourning relatives.

According to a Jacksonville estate planning lawyer, a person who dies in Florida without a will is subject to the state’s intestacy laws. For instance, when a marriage exists with children born from the marriage, the surviving spouse is entitled to all of the assets. If there are no children, the estate goes to the parents, then to the siblings, and then to the extended family.

Estate planning involves the determination of an individual’s assets and liabilities, their succession in some form, and other planning potentialities. Let’s examine the key aspects that every estate plan in Florida should include.

A Last Will and Testament

A will is the backbone of an estate plan in Florida. It specifies who will receive the property and who will serve as the personal representative, which is especially important when minor children are involved. A will states who the heirs are, the personal representative, and the guardian of the minors.

Florida also takes the will execution process very seriously. The Florida Statute Section 732.502 states that the will must be signed by the testator. The signing of the will must happen in the presence of at least two witnesses. Witnesses will also be asked to sign in the presence of the testator.

All three people must be in the same room at the same time during the signing. Courts have invalidated wills in situations where a witness left for a brief moment or where the witness signed in a separate session.

Adding a self-proving affidavit under Florida Statute § 732.503 helps the will slide into probate without having the witnesses show up in court years later.

A Revocable Living Trust

A living trust is not a requirement for each and every Florida estate plan, but if an individual has substantial assets, real estate, or property in different states, then a living trust might prove to be a better choice. By funding the living trust, the assets held in it can avoid probate altogether. 

The trust only works if it is funded. Signing the document without retitling assets to the trust name is pointless. Real estate needs a new deed. Bank accounts need updated ownership forms. Investments need account retitling too.

Most trust-based Florida estate plans link the trust to a pour-over will, which collects any assets left outside the trust at death and funnels them through a final limited probate process into the trust.

A Durable Power of Attorney

A durable power of attorney POA lets a trusted person handle your finances when you cannot do it yourself. Under Florida Statute § 709.2105, a Florida POA requires the principal’s signature in front of two witnesses and a notary. 

Financial institutions will simply reject documents that lack any of the steps involved. Should the POA fail to meet the requirements of proper execution, it is not only about the delay in accessing the account but may cause the family to enter into an expensive and lengthy process of guardianship through court supervision.

According to Florida law, enhanced powers can be granted through § 709.2202, whereby the agent may modify, add, amend the trusts, make beneficiary changes, and give away gifts. This is not implied in most grants of powers, so it should be stated expressly in the document.

A Healthcare Surrogate Designation and Living Will

Two separate documents control healthcare decisions in a Florida estate plan, and each one does a different job.

Healthcare Surrogate Designation

Under Florida Statute § 765.202, this paperwork puts a specific person in charge of medical decisions for you if you cannot do that yourself. The designated surrogate is allowed to speak with physicians, agree to or decline treatment, and also receive medical records. If you do not name someone, then healthcare providers have to choose from a hierarchy of family members.

Living Will

A living will is a legal document that outlines how a person wants to be managed in a critical condition, for example, whether artificial nutrition and hydration should be attained. This relieves your loved ones from the burden of making a decision and provides clear instructions to medical practitioners.

Beneficiary Designations: The Part of Estate Planning Most People Overlook

Wills and trusts do not control every asset. Retirement accounts, IRAs, life insurance policies, and payable-on-death bank accounts move right to the person named as beneficiary. This process happens outside of probate and also outside what a will or trust says.

This type of scenario leads to a common expensive situation: you draft a will that lists one group of beneficiaries, but an older beneficiary’s selection sitting on a retirement account affects the wealth distribution.

In Florida, divorce does not automatically remove a former spouse as beneficiary from a 401(k) or a life insurance policy. What the plan administrator currently has on file determines what happens, regardless of your will. 

Frequently Asked Questions

Does a Florida will need to be notarized?

A Florida will does not have to be notarized to be valid but it has to be notarized for purposes of the self-proving affidavit, per § 732.503. The will is still valid without the self-proving affidavit, but one or both witnesses must appear before the court officer.

What happens if I die without an estate plan in Florida

Florida’s intestacy statute under Florida Statute § 732.101 lays out where your assets go using a set formula based on family ties. A surviving spouse may share the estate with your children from a prior relationship. The statute sends assets to whoever it names, not necessarily to who you would have chosen. If there is no healthcare surrogate or durable POA, your family may need to petition the court to appoint someone to make medical and financial decisions for you.

Can I use a ladybird deed instead of a trust for my Florida home?

An enhanced life estate deed, often referred to as a ladybird deed, passes your home to specific beneficiaries when you pass away. This deed lets you keep full control the whole time, including the ability to sell or mortgage the property during your lifetime. It helps bypass probate for the home and keeps the homestead exemption in place. 

Do digital assets need to be handled in a Florida estate plan?

Yes. The law of Florida has expanded the definition of digital property within probate proceedings and trust. The online account, digital currency, cloud storage, and digital documents all could form part of the estate, but if these are not covered in your estate planning documents, then the executor will find himself or herself locked out of entering, accessing, or transferring these assets.

How often should a Florida estate plan be updated?

An estate planning review should occur whenever there is a significant life event, including getting married or divorced, having a baby or grandchild, losing a designated beneficiary or personal representative, experiencing a dramatic change in the value of assets, or changes in legislation related to Florida estate planning or taxes. The state of Florida just made changes to its trust laws in June 2025 with Senate Bill 262.

Execution Is Where Most Florida Estate Plans Fail

The papers themselves are only part of the overall Florida estate plan. What is important is how these documents are executed, who witnesses them, and whether they will be enforceable.

A trust that is never funded stays as an empty record. A will executed without the strict requirements in § 732.502 may not be accepted into probate. And a power of attorney that a bank declines will not provide any practical relief when a crisis shows up.

The Florida Bar has resources for estate planning consumers, and the Florida Legislature, with its full Chapter 732 probate code, supplies the statutory framework behind each requirement. 

An estate plan truly works when you properly execute, fund, and update it over time to reflect changes in your life and assets.