What a Complete Florida Estate Plan Includes
A complete Florida estate plan is more than a will or trust. It also includes a durable power of attorney, a health care surrogate designation, a living will, a HIPAA release, a preneed guardian designation and a designation of who controls your remains. Together they let your family act for you without going to court.
The documents in a Florida estate plan
| Document | What it does | Florida law |
|---|---|---|
| Revocable living trust | Holds assets, plans for incapacity and avoids probate | ch. 736 |
| Will (or pour-over will) | Distributes property, names personal representative and guardians | ch. 732 |
| Durable power of attorney | Names an agent for financial and legal decisions | ch. 709 |
| Health care surrogate | Names who makes medical decisions if you can't | § 765.202 |
| Living will | States your wishes about life-prolonging procedures | § 765.302 |
| HIPAA release | Lets named people get your medical information | Federal HIPAA rules |
| Preneed guardian designation | Names who you'd want as guardian if one is ever needed | § 744.3045 |
| Designation of agent to control remains | Names who carries out burial or cremation wishes | ch. 497 |
| Guardian declaration for minors | Names who raises your children, effective immediately | § 744.3046 |
Estate planning for young and growing families
Estate planning isn't only for later in life. For young families in Pensacola and across the Panhandle, the most important decisions are who raises your children and who manages their inheritance. We name guardians both in your will and in a separate declaration, and give those guardians a power of attorney and health care surrogate designation for your children, so they can act in an emergency while you're incapacitated.
Why plan early and keep your plan current
- Name guardians for minor children before anything unexpected happens.
- Avoid guardianship for yourself by naming a financial agent and health care surrogate.
- Put your health care wishes in writing so your family doesn't have to guess.
- Keep your plan working as your family, assets and Florida law change. Review every 3 to 5 years and after major life events.
Estate planning for every generation
Whether you're starting a family, a professional with growing assets, or retired on the Gulf Coast, we tailor the plan to your situation. Military families stationed at NAS Pensacola, NAS Whiting Field, Eglin AFB or Hurlburt Field, and retirees moving to Florida from other states, often need their existing documents reviewed under Florida law.
Getting started
Schedule a free Peace of Mind Estate Planning Strategy Session online, or call 850-607-2222. Our staff will tell you what to expect and which documents to bring.
Estate plan questions
Does Florida have an estate tax?
No. Florida has no state estate tax or inheritance tax. The federal estate tax applies only to estates above $15 million per person in 2026.
What's the difference between a health care surrogate and a living will?
A health care surrogate is the person who makes medical decisions for you. A living will is your written instruction about life-prolonging procedures if you have a terminal condition, an end-stage condition or are in a persistent vegetative state.
Do I need all of these documents?
Most adults need at least a will or trust, a durable power of attorney, a health care surrogate, a living will and a HIPAA release. Families with children, real estate or a loved one with special needs usually need more.