Estate Planning Checklist for Florida Residents: What You Actually Need

Published March 2026 | Updated September 2026
By John R. Nelson, Esq.

Every Florida adult needs at least four estate planning documents: a Last Will and Testament, a Durable Power of Attorney, a Healthcare Surrogate Designation, and a Living Will.

If you are a Florida resident and you do not have an estate plan, you are not alone. Surveys consistently show that more than half of American adults have no will at all. The reasons are usually the same: it feels complicated, it feels expensive, and nobody wants to think about dying.

Here is the reality: estate planning in Florida is more straightforward than most people expect. You do not need a binder full of legal documents. You need the right documents, properly executed under Florida law, and you need to revisit them when life changes. This article walks you through exactly what those documents are, when you might need more than the basics, and what it should cost.

The Four Essential Documents

Florida law provides a clear framework for estate planning. The following four documents form the foundation of virtually every plan I prepare as a New Smyrna Beach estate planning attorney.

1. Last Will and Testament

Your will is governed by Florida Statutes Chapter 732. It directs how your assets are distributed after death, names a personal representative (executor) to manage the process, and, if you have minor children, designates a guardian. Without a valid will, Florida's intestacy statutes decide who gets what, and the result may not match your wishes.

A Florida will must be signed in front of two witnesses, as Florida law requires (Section 732.502), and most attorneys also use a self-proving affidavit before a notary. A handwritten will can be valid in Florida, but only if it is signed and witnessed with the same formalities as any other will. An unwitnessed handwritten (holographic) will is not valid here, even if it was valid in the state where it was written.

2. Durable Power of Attorney

Under Florida Statutes Chapter 709, a durable power of attorney (DPOA) allows a person you designate (your "agent" or "attorney-in-fact") to handle financial matters on your behalf. This includes paying bills, managing bank accounts, selling property, filing taxes, and handling insurance claims.

The word "durable" is critical. It means the authority survives your incapacity. Without a DPOA, your family may need to petition a court for guardianship just to pay your mortgage or access your bank account. That process is slow, expensive, and often avoidable.

3. Designation of Healthcare Surrogate

Florida Statutes Chapter 765 governs the healthcare surrogate designation. This document names a person to make medical decisions for you if you cannot make them yourself. Your surrogate can access your medical records, consult with physicians, and authorize or refuse treatment.

This is, in my experience, the most important document in the estate plan. I say that from both professional and personal experience, having served as a caregiver for my own mother. Without a healthcare surrogate designation, hospitals and doctors may not be able to share information with your family or allow them to make decisions, even in an emergency.

4. Living Will

Also governed by Chapter 765, the living will is a narrower document. It provides written instructions regarding end-of-life medical care, specifically whether you want life-prolonging procedures if you are in a terminal condition, have an end-stage condition, or are in a persistent vegetative state, and your primary physician and a consulting physician have determined there is no reasonable medical probability of recovery. It works alongside the healthcare surrogate designation to give your surrogate clear guidance during the most difficult decisions.

Summary: The Four Core Documents

Document	Florida Statute	What It Does	When It Takes Effect
Last Will and Testament	Chapter 732	Distributes assets, names personal representative and guardian	After death
Durable Power of Attorney	Chapter 709	Authorizes agent to handle financial and property matters	Upon signing (survives incapacity)
Healthcare Surrogate	Chapter 765	Names person to make medical decisions on your behalf	Upon incapacity, or immediately if you choose (your own decisions control while you can make them)
Living Will	Chapter 765	Directs end-of-life medical treatment preferences	Terminal condition, end-stage condition, or persistent vegetative state, when two physicians find no reasonable medical probability of recovery

Most estate planning mistakes in Florida happen when people use generic documents that aren't properly executed under state law, or wait until a health event forces the issue. If you're ready to get this right, I offer flat-fee estate planning in New Smyrna Beach. Consultations can be by phone or in person; planning meetings and signings take place at our office, where we arrange the notary and witnesses so your documents are properly executed. Schedule a consultation »

Do I Need a Trust?

This is the question I hear most often. The short answer: many Florida residents do not need a trust. The longer answer depends on your specific circumstances. If you are also wondering about the probate process a trust helps avoid, see our Florida probate guide.

When a Will Is Enough

A will, combined with proper beneficiary designations and potentially a Ladybird deed (discussed below), handles estate planning effectively for many families. A will-based plan typically works well when:

• Your primary asset is your Florida home
• You do not own real estate in other states
• Your estate is relatively straightforward (assets pass to a spouse, then children)
• You are comfortable with the Florida probate process, which your personal representative and attorney will handle

When a Trust Makes Sense

A revocable living trust becomes a better tool when:

• You own real property in multiple states (a trust avoids probate in each state)
• You have a blended family and want to provide for a surviving spouse while protecting assets for children from a prior marriage
• You want to set conditions on when or how beneficiaries receive assets (for example, distributions at certain ages)
• Privacy is a priority. Probate is a public proceeding; trust administration is private
• Your estate is large enough to benefit from more sophisticated planning

A trust is not inherently "better" than a will. It is a different tool for different situations. I discuss the tradeoffs honestly with every client during our initial meeting. For more on the probate process and trust administration, see our probate and trust administration page.

Life Estate (Ladybird) Deeds: Florida's Probate Avoidance Tool

Florida is one of a handful of states that recognizes the enhanced life estate deed, commonly called a Ladybird deed. This is one of the most practical estate planning tools available to Florida homeowners, and it is significantly less expensive than a trust.

Here is how it works: you sign a deed that names one or more beneficiaries (called "remaindermen") who will receive your home when you pass away. During your lifetime, you retain complete control. You can live in the home, rent it, sell it, refinance it, or revoke the deed entirely, all without permission from the beneficiaries. (If you are married and the home is your homestead, your spouse must sign the Ladybird deed, and any later sale or mortgage, even if your spouse is not on the title.)

When you pass away, the property transfers to the named beneficiaries automatically, outside of probate. There is no court proceeding, no waiting period, and no personal representative involvement for that asset. The beneficiaries record a death certificate and a short affidavit with the county and the property is theirs.

Homestead caution: Florida treats a Ladybird deed on your homestead much like a gift in a will. If you die survived by a spouse or a minor child, Florida's homestead restrictions can override the deed, and the home may not pass to the beneficiaries you named. If that could apply to you, we should plan around it before you sign.

Key advantages of a Ladybird deed:

• Avoids probate for your home without the cost of a trust
• You keep full control and your homestead tax exemption during your lifetime (but see the homestead caution above)
• Signing the deed does not trigger a property tax reassessment while you are living (when the home passes at your death, it is generally reassessed at market value unless it goes to a surviving spouse or another qualifying person)
• Beneficiaries receive a stepped-up tax basis at your death
• Revocable at any time

For many of my clients, a will plus a Ladybird deed and current beneficiary designations can accomplish many of the same goals as a trust, at a fraction of the cost.

Beneficiary Designations: The Documents People Forget

Your will does not control everything. Certain assets pass by beneficiary designation, meaning they go directly to the person named on the account, regardless of what your will says. These include:

• Life insurance policies
• 401(k) and IRA accounts
• Pension and annuity contracts
• Payable-on-death (POD) bank accounts
• Transfer-on-death (TOD) brokerage accounts

I have seen situations where a client creates a thoughtful will leaving everything to their current spouse, but an old 401(k) beneficiary designation still names an ex-spouse. The 401(k) goes to the ex-spouse. The will does not override it.

As part of every estate planning engagement, I encourage clients to pull their beneficiary designations for every account and review them. It takes an afternoon and it prevents a serious problem.

When to Update Your Estate Plan

An estate plan is not a document you sign once and put in a drawer. Life changes, and your plan should change with it. Review your estate plan when any of the following occurs:

• Marriage or divorce: Florida law has specific provisions that may revoke certain designations upon divorce, but you should not rely on statutory defaults
• Birth or adoption of a child or grandchild
• Death of a named agent, surrogate, personal representative, or beneficiary
• Significant change in assets: buying or selling a home, inheritance, business changes
• Relocation to or from Florida: moving here with an existing plan? See what to review when you move to Florida below
• Changes in health: particularly if a named agent or surrogate develops their own health issues
• Changes in the law: Florida has updated its power of attorney and trust statutes several times in recent years

As a general rule, if nothing has changed, review your plan every three to five years to confirm everything still reflects your intentions. For more on what to discuss with your family about your plan, see our article on whether to share your estate plan with your family.

Moving to Florida? Your Checklist Has an Extra Step

If you are moving to Florida with a will, power of attorney, or trust signed in another state, your documents do not stop working at the state line. But several Florida rules can change how they operate, and they are worth reviewing before you assume everything transfers.

Your Out-of-State Will

Florida generally honors a will you signed while living in another state, as long as it was valid under that state's law. The important exception: Florida does not recognize an unwitnessed handwritten (holographic) will or an oral will, even if your former state did. A handwritten will that was signed in front of two witnesses is treated like any other will. A will without a self-proving affidavit can also add steps and delay when it is admitted to probate here.

Florida Homestead Rules

Florida's constitution limits how you can leave your primary residence if you are survived by a spouse or a minor child. A will that leaves your Florida home to someone else may not be carried out as written. Most other states have no equivalent rule, so plans drafted elsewhere rarely account for it.

Your Power of Attorney

Florida requires a durable power of attorney to be signed in front of two witnesses and a notary, and certain powers, such as making gifts or changing beneficiary designations, must be separately initialed. An out-of-state power of attorney is generally recognized here, but Florida banks and title companies are often more comfortable with a Florida-form document, and an older document may not grant the powers your agent actually needs.

Your Florida Real Estate

If you buy a home here, consider whether a Ladybird deed belongs in your plan. Without one (or a funded trust), your Florida home may have to go through probate, and if you still own property in your former state, your heirs could face probate in two states.

Reviewing an existing plan is usually a focused process, not a start-from-scratch rebuild. We look at what you already have, tell you what still works under Florida law, and identify what, if anything, needs to change. Schedule a Florida estate plan review »

What Estate Planning Costs in Florida

One of the biggest barriers to getting an estate plan done is uncertainty about cost. Many attorneys bill hourly for estate planning, which means you do not know the total until the work is finished. I think that is the wrong approach for something this important.

At the Law Office of John R. Nelson, P.A., we use flat-fee pricing for estate planning. You know exactly what you will pay before we start:

Service	Flat Fee
Individual Estate Plan (Will, DPOA, Healthcare Surrogate, Living Will)	$1,150
Couple Estate Plan (married or unmarried; both partners, all four documents each)	$1,600
Ladybird Deed (add-on)	$350

The initial consultation is $50 for 20 minutes, always credited toward your flat fee. The flat fee covers document drafting, revisions, and a signing session at our New Smyrna Beach estate planning office. Government recording fees for a Ladybird deed are additional. There are no hidden fees and no hourly billing. If your situation requires a trust or more complex planning, we will discuss that during the consultation and provide a quote before any work begins.

For a deeper look at one of the most important documents in the plan, see our guide to Durable Power of Attorney in Florida.

Schedule Your Estate Planning Consultation

Questions about your Florida estate plan? Call (386) 256-8537 or schedule a consultation »

Frequently Asked Questions