Florida Estate Planning FAQ
Straight answers to the questions Pensacola and Panhandle families ask most about Florida trusts, wills, powers of attorney, health care directives and probate. For advice about your own situation, schedule a free strategy session.
Trusts & wills
Do I need a trust or a will in Florida?
A funded revocable living trust avoids probate, keeps your affairs private and plans for incapacity. A will is simpler but requires probate. Families with real estate, property in more than one state, minor children or a beneficiary with special needs usually benefit from a trust.
Does a will avoid probate in Florida?
No. A Florida will must be admitted to probate before it controls your property. Trust assets and assets with named beneficiaries pass outside probate.
How many witnesses does a Florida will need?
Two. You sign at the end in their presence, and they sign in your presence and each other's (Fla. Stat. § 732.502). A notarized self-proving affidavit is optional but recommended.
Are handwritten wills valid in Florida?
Only if signed with two witnesses like any other will. Florida does not recognize unwitnessed handwritten (holographic) wills or oral wills.
What happens if I die without a will in Florida?
Florida's intestacy statutes decide who inherits, usually your spouse and descendants, then parents, siblings and more distant relatives. A court appoints the personal representative.
Incapacity & health care
What is a durable power of attorney in Florida?
A document naming an agent to handle your finances and legal affairs, which stays effective if you become incapacitated. It must be signed by you, two witnesses and a notary.
Can a Florida power of attorney take effect only if I become incapacitated?
No. Florida doesn't allow "springing" powers of attorney signed after October 1, 2011. The document is effective once signed.
What's the difference between a health care surrogate and a living will?
A health care surrogate is the person who decides for you. A living will states your own wishes about life-prolonging procedures in end-of-life situations.
What happens if I have no power of attorney or health care surrogate?
Your family may need a court guardianship to make decisions for you, which is public, costly and requires ongoing court oversight.
Probate, taxes & property
Does Florida have an estate or inheritance tax?
No. The federal estate tax exemption is $15 million per person in 2026, so most families owe no estate tax.
What is summary administration?
A shorter Florida probate process available when the non-exempt estate is $75,000 or less, or the person has been dead more than two years (Fla. Stat. § 735.201).
What is a Lady Bird deed?
An enhanced life estate deed that lets you keep full control of your Florida real estate during life and passes it to named beneficiaries at death without probate.
Can someone who lives out of state be my personal representative?
Only if they are a close relative, such as a child, parent, spouse, sibling, aunt, uncle, niece or nephew (Fla. Stat. § 733.304). Any Florida resident can serve.
Families & children
How do I name a guardian for my children in Florida?
Name the guardian in your will and in a separate preneed guardian declaration signed before two witnesses and filed with the clerk of court (Fla. Stat. § 744.3046).
How often should I update my estate plan?
Every 3 to 5 years, and after marriage, divorce, a birth, a death, a move or a major change in assets.
I just moved to Florida. Is my old estate plan still good?
Usually it's still valid, but Florida's homestead rules, personal representative limits and bank acceptance of out-of-state powers of attorney often call for updates.