Florida Estate Planning Glossary: 20 Terms in Plain English
Erich M Niederlehner Florida Estate Planning Lawyer • September 27, 2026
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Estate Planning Basics
Florida uses some terms other states don't. For example, an executor is called a personal representative, a Lady Bird deed is an enhanced life estate deed, and a health care surrogate is the person who makes medical decisions if you can't. Here are the terms you'll hear most.
- Advance directive
- A general term for your health care surrogate designation and living will.
- Agent
- The person you name in a power of attorney to handle financial matters.
- Beneficiary
- A person or organization that receives property under a will, trust, policy or account.
- Durable power of attorney
- A power of attorney that stays in effect if you become incapacitated. Florida requires two witnesses and a notary.
- Elective share
- A surviving spouse's right to take 30% of the elective estate even if the will leaves less.
- Enhanced life estate deed
- The formal name for a Lady Bird deed: you keep control of your property for life and it passes at death without probate.
- Funding
- Retitling assets into your trust so it can avoid probate.
- Guardianship
- A court proceeding to appoint someone to make decisions for a person who can't make them.
- Health care surrogate
- The person you name to make medical decisions if you can't.
- HIPAA release
- Permission for doctors to share your health information with the people you name.
- Homestead
- Your Florida primary residence, which has special property tax, creditor and inheritance rules.
- Intestate
- Dying without a valid will. Florida law then decides who inherits.
- Living will
- Your written wishes about life-prolonging procedures at the end of life.
- Personal representative
- Florida's term for an executor, appointed by the probate court.
- Pour-over will
- A will that sends anything left outside your trust into it.
- Preneed guardian designation
- A document naming who you want as your guardian if one is ever needed.
- Probate
- The court process for transferring a deceased person's assets and paying their debts.
- Revocable living trust
- A trust you control during life that avoids probate and plans for incapacity.
- Successor trustee
- The person who takes over management of your trust at your death or incapacity.
- Summary administration
- A shorter Florida probate for smaller estates or deaths more than two years ago.
Ready to put the pieces together? See what a complete Florida estate plan includes or read our estate planning FAQ.
Talk with a Florida estate planning lawyer
Trusted Elder Law & Asset Protection helps families in Pensacola, Escambia, Santa Rosa, Okaloosa and Walton counties plan ahead. Call 850-607-2222 or schedule a free Peace of Mind Strategy Session.
This article is general information about Florida law, not legal advice for your situation.
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