Estate Planning & Administration in Florida
Estate planning is how you decide who receives your property, who acts for you if you become incapacitated, and how to spare your family the cost and delay of probate. This hub covers Florida wills, revocable living trusts, powers of attorney, advance directives, and ways to keep assets out of probate — in plain English, with the Florida law behind each.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Florida estate planning turns on your specific facts — talk to a Florida attorney about your situation.
A complete Florida estate plan usually combines a few documents — a will, often a revocable living trust, a durable power of attorney, and advance directives — plus an understanding of homestead and the elective share. Here are the statewide essentials.
Will formalities — no holographic or oral wills
A valid Florida will must be in writing, signed by the testator at the end, and signed by at least two attesting witnesses in the presence of the testator and each other (Fla. Stat. § 732.502). Florida does not recognize holographic (unwitnessed handwritten) or nuncupative (oral) wills.
Revocable trusts to avoid probate
A funded revocable living trust lets assets pass outside probate (Florida Trust Code, ch. 736). Its testamentary terms must be executed with the same two-witness formalities as a will to be valid (§ 736.0403).
Durable power of attorney
A Florida power of attorney is durable (survives incapacity) only with the statutory durability language, and it must be witnessed and notarized (ch. 709).
Advance directives
A health care surrogate designation and a living will let you name a decision-maker and state your end-of-life wishes (ch. 765).
Homestead and the elective share
Florida homestead generally passes outside the probate estate and is constitutionally protected from most creditors. A surviving spouse may instead claim the elective share — 30% of the elective estate (§ 732.2065).
The guides
Pick your topic below. To get matched with a local Florida estate-planning attorney, connect with a lawyer.
A common goal ties them together: sparing your family the cost and delay of probate.
Guides
- Florida Advance Directives: Health Care Surrogate & Living Will
Under chapter 765, a Florida health care surrogate designation (§ 765.202) must be written and signed before two adult witnesses (at least one not the spouse or a blood relative; the surrogate can't be a witness). The principal may let the surrogate act immediately. A living will (§ 765.302) has the same two-witness requirement.
- Avoiding Probate in Florida
In Florida, assets that pass outside probate include jointly held property with right of survivorship or tenancy by the entireties, beneficiary designations, payable-on-death and transfer-on-death accounts, and a funded revocable trust (ch. 736). Homestead generally passes outside the probate estate and is constitutionally protected from most creditors, though devise is restricted when there's a surviving spouse or minor child (§ 732.4015).
- Florida Intestate Succession: Who Inherits Without a Will
If you die without a will, Fla. Stat. § 732.102 sets the spouse's share: the spouse takes the entire estate if there are no descendants, or if all descendants are shared and the spouse has no others; the spouse takes one-half if there are non-shared descendants on either side. The rest passes to descendants, then parents, then siblings (§ 732.103). A surviving spouse may instead claim the elective share — 30% of the elective estate (§ 732.2065).
- Revocable Living Trusts in Florida
Revocable living trusts in Florida are governed by the Florida Trust Code (ch. 736). A funded revocable trust lets assets pass outside probate. The testamentary provisions of a revocable trust by a Florida settlor must be executed with the same formalities as a will — including two witnesses — to be valid (Fla. Stat. § 736.0403).
- Florida Power of Attorney: Durable, Witnessed & Effective Now
Under the Florida Power of Attorney Act (ch. 709), a POA is 'durable' (survives incapacity) only if it contains the statutory durability language (§ 709.2104). It must be signed by the principal, by two subscribing witnesses, and acknowledged before a notary (§ 709.2105). Florida no longer allows 'springing' POAs executed on or after Oct. 1, 2011 — a POA is exercisable when signed (§ 709.2108).
- Florida Wills: Requirements & How They Work
A valid Florida will must be in writing, signed by the testator at the end, and signed by at least two witnesses in the presence of the testator and each other (Fla. Stat. § 732.502). Florida does not recognize holographic (unwitnessed handwritten) or oral wills. A self-proving affidavit can avoid witness testimony at probate (§ 732.503).
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