The Estate Planning Guide Est. 2026

Estate Planning in Florida: The Complete Guide

Published June 30, 2026 5 min read

Quick answer

Estate planning in Florida means a will, a durable power of attorney, a health care surrogate designation and living will, and good beneficiary designations — plus an understanding of Florida's homestead rules, which shape everything. Two things make Florida distinctive: first, the constitutional homestead protection shields your primary residence from most creditors and controls how it can pass (it can even override your will if you have a spouse or minor child). Second, Florida has no state income tax and no state estate or inheritance tax. Florida probate is moderately expensive (attorney fees are about 3% of the estate by statute), so avoiding probate with beneficiary designations, joint ownership, a Lady Bird deed, or a living trust is often worthwhile — especially for snowbirds with property in two states.

Educational guide — not legal advice. Florida law is set by statute and the state constitution and changes over time. Consult a licensed Florida attorney about your situation.

Why Florida is different

Florida estate planning has its own flavor, driven by two features:

  1. Homestead. Florida’s constitution gives the primary residence powerful protections — shielding it from most creditors and restricting how it can be left. This is the single most important Florida-specific concept, and it can override your will.
  2. No state death taxes. Florida has no state estate tax, no inheritance tax, and no state income tax. Only the federal estate tax (very large estates) applies.

Florida probate itself is moderately expensive — statutory attorney fees run about 3% of the estate — so a lot of Florida planning is about keeping assets out of probate. Let’s walk through the pieces.

The core documents

1. A will

Your will names who inherits, who serves as personal representative (Florida’s term for executor), and guardians for minor children. A valid Florida will must be in writing, signed at the end by you, in the presence of two witnesses who sign in your presence and each other’s (Fla. Stat. §732.502).

Two Florida specifics: the state does not recognize handwritten (holographic) wills or oral wills, even if valid elsewhere — so a Florida will must meet these formalities. And a self-proving affidavit (which speeds probate) requires a notary. Note: a will does not avoid probate — see Do You Have to Go Through Probate in Florida if There’s a Will?.

2. A durable power of attorney

Names someone to manage your finances if you can’t. Florida’s POA statute is strict about formalities (it must be signed with two witnesses and a notary), so use a current Florida form.

3. A health care surrogate + living will

The health care surrogate designation names someone to make medical decisions for you; the living will states your end-of-life wishes. Add a HIPAA release so your surrogate can access records.

4. Beneficiary designations and probate-avoidance titling

Often the most valuable step, and the cheapest. These pass outside probate:

5. A living trust — if it fits

A revocable living trust avoids probate on whatever you fund into it. It’s especially worthwhile for snowbirds (property in two states — a trust avoids a second “ancillary” probate), larger estates, privacy, and incapacity planning. See How Much Does a Living Trust Cost?. If you set one up, fund it — an unfunded trust avoids nothing.

Florida homestead: the rule that shapes everything

Florida’s homestead protection does three big things:

  • Creditor protection: your primary residence is shielded from most creditors, in life and at death.
  • Restrictions on how it passes: if you’re survived by a spouse or minor child, Florida law limits how you can leave the home — your will cannot simply give it to someone else and override your spouse’s or minor child’s rights. This catches many people off guard.
  • Probate treatment: homestead passing to a spouse or descendants generally passes outside ordinary probate administration (usually with a court order confirming homestead status) and isn’t reachable by most creditors.

Because homestead can override your stated wishes, it’s worth getting advice before assuming your house will pass the way your will says.

What happens if you do nothing

Without a will, Florida’s intestacy statute (Fla. Stat. §732.101 and following) decides who inherits: generally everything to the spouse if all descendants are shared, otherwise split between spouse and descendants. The estate still goes through probate. See What Happens If You Die Without a Will in Florida and How Long Does Probate Take in Florida Without a Will?.

Probate in Florida: cost and time

A simple sequence to get started

  1. Inventory what you own and how each asset is titled — note your homestead.
  2. Update beneficiary designations on retirement accounts and life insurance.
  3. Get the core documents — will, durable POA, health care surrogate, living will.
  4. Add POD/TOD registrations; consider a Lady Bird deed for the home or a trust for multi-state property.
  5. Get homestead advice if you have a spouse or minor child.
  6. Name guardians for minor children in your will.
  7. Tell your personal representative where everything is, and review after any big change.

The honest takeaway

In Florida, get the homestead question right first — it can override your will — then build a normal plan: a properly witnessed will, current beneficiary designations, and probate-avoidance titling (joint ownership, POD/TOD, a Lady Bird deed, or a trust). Florida charges no state death taxes, but probate isn’t free, so keeping assets out of court pays off — especially if you own property in more than one state.

Common questions

Does Florida have an estate or inheritance tax?

No — Florida has no estate tax, no inheritance tax, and no state income tax. Only the federal estate tax (very large estates) applies.

Can my will give away my Florida house?

Not always. If you have a surviving spouse or minor child, Florida homestead law restricts how the home can pass and can override your will. Get advice before assuming.

Do I need a living trust in Florida?

Not always — but it’s often worth it for snowbirds with property in two states, larger estates, privacy, and incapacity planning, because it avoids Florida’s moderately expensive probate.

Are handwritten wills valid in Florida?

No. Florida does not recognize holographic (handwritten, unwitnessed) or oral wills. A valid Florida will must be signed at the end before two witnesses.

The full Florida cluster

Educational information only — not legal, tax, or financial advice. Florida law is set by statute and the state constitution and changes; confirm your situation with a licensed Florida attorney. Sources: Fla. Stat. §§732.101, 732.502, 733.6171, 733.617, Chapter 735; Florida Constitution Art. X §4 (homestead); The Florida Bar.

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