Forms for Planning and Settling an Estate in Florida

Free Florida forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.

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Last Will and Testament

In Florida, a will is signed before 2Fla. Stat. § 732.502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyFla. Stat. § 732.502Verified Oct 18, 2026View source.

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Healthcare Power of Attorney

Florida requires 2Fla. Stat. § 765.203Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredFla. Stat. § 765.203Verified Oct 15, 2026View source.

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Financial Power of Attorney

Florida requires explicit durability language for a power of attorney to survive incapacityFla. Stat. §§ 709.2101, 709.2104, 709.2105, 709.2106, 709.2108, 709.2109, 709.2113, 709.2119, 709.2120, 709.2201, 709.2202, 709.2208, 709.2209 (2024 supported decisionmaking — informational only, not a POA); § 695.01 (recording); § 695.03 (alternative acknowledgment methods referenced by § 709.2105(2))Verified Sep 18, 2026View source, and it is signed before 2Fla. Stat. §§ 709.2101, 709.2104, 709.2105, 709.2106, 709.2108, 709.2109, 709.2113, 709.2119, 709.2120, 709.2201, 709.2202, 709.2208, 709.2209 (2024 supported decisionmaking — informational only, not a POA); § 695.01 (recording); § 695.03 (alternative acknowledgment methods referenced by § 709.2105(2))Verified Sep 18, 2026View source witnesses and a notary.

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Revocable Living Trust

Create a revocable living trust to avoid probate, protect privacy, and control asset distribution.

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All Florida forms

Tools for Planning and Settling an Estate in Florida

Free calculators and checklists for planning or settling an estate in Florida: will and trust costs, probate, executor pay, and inheritance taxes.

How Much Life Insurance Do I Need?

In Florida, four years at a public university cost about $64,352NCES Digest of Education Statistics 2023, Table 330.20, public 4-year in-state tuition, fees, room and board, academic year 2022-23Verified Oct 17, 2026View source and the cost of living is near the U.S. averageBEA Regional Price Parities, all items, by state, 2024Verified Oct 17, 2026View source; no state estate or inheritance tax appliesNo state estate or inheritance tax. Fla. Const. Art. VII, § 5(a) caps any Florida estate or inheritance tax at the federal credit amount; the Chapter 198 estate tax (Fla. Stat. § 198.02) is a federal-credit pickup — not repealed, but $0 since EGTRRA eliminated the federal state death tax credit, and the Florida Department of Revenue confirms the estate tax was eliminated for people who died after Dec. 31, 2004. Florida has no inheritance tax and no gift tax.Verified Sep 15, 2026View source.

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What Does Estate Planning Actually Cost?

An attorney-prepared revocable trust in Florida runs $4,320Estimate: 10 hours at $432, Clio's Florida Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $6,480Estimate: 15 hours at $432, Clio's Florida Trusts rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source and a simple will $1,320Estimate: 3 hours at $440, Clio's Florida Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source to $2,640Estimate: 6 hours at $440, Clio's Florida Wills and Estates rate; Compare Lawyer Rates, 2025 dataVerified Oct 15, 2026View source, against $0 to $549 up front plus a subscription with an online service.

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Who Inherits Without a Will?

Without a will in Florida, a surviving spouse takes the entire estateFla. Stat. § 732.102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per stirpesFla. Stat. § 732.104Verified Sep 10, 2026View source.

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