How Does Estate Planning Work in Florida?

Probate on a $500,000 estate in Florida costs an estimated $30,600 and takes 6 months to 9 months for a simple estate, with attorney fees on a statutory schedule presumed reasonable. Estates under $150,000 can use a small-estate procedure instead.

A simple estate in Florida typically takes 6 months to 9 months through probate, and an average estate 9 months to 12 months; a contested one runs longer. The creditor claim period of 3 months is the floor. A funded revocable trust avoids probate entirely.

Florida has adopted the Uniform Trust Code and requires 2 witnesses for trust execution. Notarization is not required for validity, though many financial institutions require notarized trust documents. Florida has no separate trust creditor-notice step — the settlor's debts stay subject to the general claims and limitations period (up to 24 months), which the trustee settles before distributing.

A healthcare power of attorney in Florida requires 2 witnesses to be valid. A financial power of attorney requires 2 witnesses and notarization. A financial power of attorney is not durable by default; it must include durability language to survive incapacity.

In Florida, the executor files an inventory of the estate's assets within 60 days of appointment. A revocable trust skips the court-supervised inventory, so a trustee distributes without filing one.

In Florida, divorce automatically revokes a beneficiary designation that names a former spouse on the covered accounts, so the asset does not pass to the ex-spouse unless the designation is renewed after the divorce.

Estate Planning in Florida

Estate planning in Florida is shaped by a presumed-reasonable fee schedule and remote online notarization. The choice between a will and a revocable trust depends on which of those features changes the cost or process for your situation, not on any single rule.

A will goes through probate, with attorney fees on a statutory schedule presumed reasonable. A simple estate typically closes in 6 months to 9 months, and the 3 months creditor-claim window sets the floor. Estates under $150,000 can use the Disposition Without Administration and avoid full probate administration. Real property cannot be transferred through this procedure in Florida; an estate that includes real estate uses a separate process. Florida's small estate shortcut is a court procedure: the court's own order authorizes collection. There is no affidavit to present to a bank.

For a revocable trust, Florida requires 2 witnesses for trust execution. Notarization isn't required for validity, though banks and title companies typically expect a notarized trust before they'll work with it. Florida has adopted the Uniform Trust Code, so trust administration follows the same baseline rules used in most states.

Florida offers remote online notarization for estate documents, so signing can happen over secure video. Combined with beneficiary designations on retirement accounts and payable-on-death registrations, these can move significant value outside probate without setting up a trust.

SimplyTrust Editorial·Updated October 17, 2026

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Data sourced from Florida statutes and official state code. How we research.

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