The Estate Planning Guide Est. 2026

Estate Planning in Florida: The Complete Guide

By The Estate Planning Guide Editorial Team Researched against primary sources

Published June 30, 2026 Updated September 22, 2026 6 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 attorney fees are about 3% of the estate on the schedule §733.6171(3) states is presumed to be reasonable; §733.6171(2)(b)1 requires the attorney to disclose in writing that there is no mandatory statutory attorney fee. Beneficiary designations, joint ownership, a Lady Bird deed and a funded living trust each pass property outside probate, so the statutory fee is not computed on it; property in a second state otherwise requires an ancillary proceeding there.

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.

Attorney compensation for ordinary services in a formal administration is presumed reasonable at the Fla. Stat. §733.6171(3) schedule: $1,500 for an estate of $40,000 or less, an additional $750 up to $70,000, an additional $750 up to $100,000, then 3% on the next $900,000 — 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: under Fla. Stat. §732.502 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

These pass outside probate:

5. A living trust — if it fits

A revocable living trust avoids probate on whatever you fund into it. It applies to property in two states (a trust avoids a second “ancillary” probate), to larger estates, to privacy, and to incapacity. 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: Florida Constitution Art. X §4(c) restricts devise of the homestead where the owner is survived by a spouse or minor child — a will cannot simply give it to someone else and override those 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.

Where the homestead provisions apply, they control over the terms of the will.

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

  • Cost: Attorney fees of about 3% of the estate on the schedule Fla. Stat. §733.6171(3) states is presumed to be reasonable — §733.6171(2)(b)1 requires the attorney to disclose in writing that there is no mandatory statutory attorney fee — plus a separate personal-representative commission under §733.617(2) and ~$400 court costs. See How Much Do Probate Lawyer Fees Cost in Florida? and Probate Cost in Florida.
  • Time: set by the statutory steps of formal administration; summary administration under Fla. Stat. §735.201 is shorter because it dispenses with them.
  • Small estates: Fla. Stat. §735.201(2) allows summary administration where the value of the entire estate subject to administration in the state, less the value of property exempt from the claims of creditors, does not exceed $75,000, or where the decedent has been dead for more than 2 years.
  • Avoiding it: see How to Avoid Probate in Florida.

A simple sequence to get started

  1. Inventory what you own and how each asset is titled — note your homestead.
  2. Beneficiary designations on retirement accounts and life insurance.
  3. 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. Florida homestead law, which restricts how the home passes where there is a spouse or minor child.
  6. Guardians for minor children, nominated in the will.
  7. Tell your personal representative where everything is, and review after any big change.

What the record shows

Florida imposes no state estate or inheritance tax. The constitutional homestead provisions (Fla. Const. Art. X, §4) restrict devise of homestead property where there is a surviving spouse or minor child, and operate irrespective of the will’s terms. Probate is administered under Chapter 733; summary administration is available under §735.201 at the threshold cited above. Assets pass outside probate by beneficiary designation, survivorship titling, enhanced life estate deed, and by being retitled into a funded trust. A will requires at least two attesting witnesses (§732.502(1)(b)). Florida does not recognise holographic wills: §732.502(2) saves a nonresident’s will that is valid where it was executed, but expressly excludes a holographic or nuncupative will from that saving, and provides that a will in the testator’s handwriting executed with the §732.502(1) formalities is not treated as a holographic will.

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. That restriction operates regardless of the will’s terms. Advice before assuming.

Do I need a living trust in Florida?

A funded trust operates on the assets retitled into it. Its documented effects are avoiding a second, ancillary probate where real property is owned in more than one state, non-public administration, successor-trustee authority on incapacity, and removal of those assets from Florida’s moderately expensive probate.

Are handwritten wills valid in Florida?

No. Florida does not recognize holographic (handwritten, unwitnessed) or oral wills. Under Fla. Stat. §732.502 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).

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