Skip to main content
SimplyTrust
SimplyTrust
Create a TrustSettle an EstateForms & ToolsFreeResources
OverviewEstate Law
OverviewEstate Law
Attorneys
All Florida Attorneys
Forms
Revocable Living Trust for Florida ResidentsFlorida Last Will and TestamentFlorida Pour-Over WillFlorida Healthcare Power of AttorneyFlorida Financial Power of AttorneyFlorida Transfer on Death DeedVehicle Transfer on DeathFlorida EIN ApplicationFlorida Petition for Probate and LettersFlorida Notice to CreditorsFlorida Small Estate AffidavitLetter of InstructionDigital Assets Recovery Letter
Getting Prepared
Florida Estate Planning Cost CalculatorFlorida Revocable Living Trust Cost CalculatorFlorida Will Cost CalculatorFlorida Life Insurance CalculatorFlorida Beneficiary Designation CheckerFlorida Name a Guardian GuideFlorida Burial & Cremation Law GuideFlorida Signing Requirements CheckerFlorida Document Portability CheckerFlorida Trust Need AssessmentFlorida TOD Deed AssessmentFlorida Vehicle TOD AssessmentFlorida Trust or Will Decision Tool
Someone Just Passed Away
Florida Death Certificate CalculatorFlorida Probate Decision ToolFlorida Estate Settlement Plan
I'm an Executor
Florida Probate Cost CalculatorFlorida Executor Fee CalculatorFlorida Self-File Probate AssessmentFlorida Executor Appointment GuideFlorida Creditor Claims DeadlinesFlorida Personal Property Value Estimator
I'm a Trustee
Florida Trustee Compensation CalculatorFlorida Trust Settlement Plan
Taxes & Inheritance
Florida Who Inherits CalculatorFlorida Estate & Inheritance Tax CalculatorFlorida Inheritance Tax GuideFlorida Step-Up Basis CalculatorFlorida Post-Death Tax Filing Guide
Florida Agencies
Medicaid Estate RecoveryUnclaimed PropertyUnemployment BenefitsPublic Pensions
Federal Agencies
Administration for Community Living (ACL)Black Lung Benefits ProgramBureau of Indian Affairs (BIA)Centers for Medicare & Medicaid Services (CMS)Consumer Financial Protection Bureau (CFPB)Defense Finance and Accounting Service (DFAS)Defense Health Agency (DHA)Department of Veterans Affairs (VA)DOD Casualty Assistance ProgramDrug Enforcement Administration (DEA)Energy Employees Occupational Illness Program (EEOICPA)Federal Aviation Administration (FAA)Federal Communications Commission (FCC)Federal Deposit Insurance Corporation (FDIC)Federal Election Commission (FEC)Federal Emergency Management Agency (FEMA)Federal Student Aid (FSA)Federal Trade Commission (FTC)Indian Health Service (IHS)Internal Revenue Service (IRS)National Credit Union Administration (NCUA)National Personnel Records Center (NPRC)National Transportation Safety Board (NTSB)NOAA Commissioned Officer CorpsOffice of Personnel Management (OPM)Pension Benefit Guaranty Corporation (PBGC)Radiation Exposure Compensation Program (RECA)Railroad Retirement Board (RRB)September 11th Victim Compensation Fund (9/11 VCF)Social Security Administration (SSA)Thrift Savings Plan (TSP)Transportation Security Administration (TSA)U.S. Citizenship and Immigration Services (USCIS)U.S. Coast Guard Casualty Assistance ProgramU.S. Copyright OfficeU.S. Department of Housing and Urban Development (HUD)U.S. Department of Labor (DOL)U.S. Department of StateU.S. Department of the TreasuryU.S. Patent and Trademark Office (USPTO)U.S. Public Health Service Commissioned Corps (PHS)U.S. Securities and Exchange Commission (SEC)U.S. Small Business Administration (SBA)United States Postal Service (USPS)USDA Farm Service Agency (FSA)
Home→Tools→State Estate Planning Guides→Florida

How Does Estate Planning Work in Florida?

Your complete Florida estate planning overview: probate costs, will execution requirements, trust rules, and what happens if you die without a plan.

Frequently Asked Questions

Florida has statutory probate fees set by law as a percentage of the gross estate value — about $33,095 all-in on a $500,000 estate. Estates with personal property under $0 may qualify for Disposition Without Administration.

Simple estates in Florida typically take 6-9 months through probate. Complex or contested estates can take 1-3 years. A 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.

Florida offers remote online notarization (RON) for estate planning documents. These tools, combined with revocable trusts and beneficiary designations, provide multiple ways to transfer assets without probate.

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 specific durability language to survive incapacity.

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

In Florida, divorce automatically revokes a beneficiary designation that names a former spouse on 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.

Probate in Florida runs a statutory fee schedule that's presumed reasonable but can be challenged (Fla. Stat. § 733.6171), giving a default fee that families can push back on. A simple estate typically closes in 6-9 months, and the 3-month creditor-claim window sets the floor.

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.

SimplyTrustSimplyTrust Editorial·Updated July 13, 2026

Sources

  • leg.state.fl.us

Data sourced from Florida estate law primary sources (3 pages reviewed). How we research.

Florida Estate Planning Tools

  • Answer a specific Florida question: How much does probate cost in Florida? · Who inherits without a will in Florida? · Do I need probate in Florida? · How much does a will cost in Florida? · How much does a trust cost in Florida? · How do I sign a will in Florida?

When you're ready, we're here.

A revocable living trust skips probate, stays private, and takes 15 minutes.

Get startedApp StoreGoogle Play
SimplyTrust app shown on a phone

Florida Estate Planning Resources

In-depth guides covering Florida probate laws, trust requirements, and estate planning strategies.

SimplyTrust Logo

Every family deserves a plan. We'll help.

Get startedApp StoreGoogle Play

Forms

  • Revocable Living Trust
  • Last Will and Testament
  • Pour-Over Will
  • Healthcare Power of Attorney
  • Financial Power of Attorney
  • Transfer on Death Deed
  • Vehicle Transfer on Death

Tools

  • Trust vs Will
  • Probate Calculator
  • Who Inherits
  • Estate Settlement
  • Death Tax Calculator
  • Life Insurance

Compare

  • Compare Services
  • vs LegalZoom
  • vs Trust & Will
  • vs Rocket Lawyer
  • vs Quicken WillMaker

Learn

  • Revocable Living Trusts
  • Last Will and Testaments
  • Articles
  • State Guides
  • Estate Law
  • Life Events

Directories

  • Law Firms
  • Financial Assets
  • Digital Assets
  • Government Agencies

Company

  • About
  • Careers
  • Contact
  • Create a Trust

SimplyTrust is not a law firm and does not provide legal advice, legal counsel, or attorney review. Information on this platform is for general informational purposes only. Use of SimplyTrust does not create an attorney-client relationship. You are solely responsible for all documents you create. For advice tailored to your circumstances, consult a licensed attorney in your state.

© 2026 SimplyTrust Software Inc. All rights reserved.

Privacy Policy·Terms of Service·Security··AI Access

All content, data, and calculations are proprietary. Automated scraping, systematic downloading, or data extraction is prohibited under our Terms of Service. Product visuals are simulated for illustrative purposes and may differ from actual experience. Logos provided by Logo.dev.

Is this your situation?

Get a complete guide for your specific circumstances.

New Baby or Adoption

New Baby or Adoption

Your family is growing. Your protection should too. Guardian nominations, trusts for minors, beneficiary updates, and the documents new parents need in place.

Learn more
Marriage

Marriage

What married couples need in place: one joint trust or two, wills, beneficiary updates, and the spousal rights your state grants you automatically.

Learn more
New Home

New Home

How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.

Learn more
Retirement

Retirement

Retirement changes your financial picture. Healthcare directives, beneficiary reviews, long-term care planning, and protecting what you've built.

Learn more