Build Your Florida Estate Plan with State-Specific Forms

Like all states, Florida recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 2 adult witnesses, and adding a notarized self-proving affidavit can streamline the probate process later.

Florida doesn't permit springing powers of attorney—documents that only take effect when you become incapacitated. Your agent's authority begins the moment you sign, which means you need absolute trust in whoever you choose. Some people address this by keeping the original document with their attorney until it's needed. Financial powers of attorney here require both two witnesses and a notary, making Florida one of the stricter states for these documents. Plan to execute yours at a bank or attorney's office where you can satisfy all requirements at once.

If you die without a will in Florida, your heirs must survive you by at least 5 days to inherit anything. This "survival period" exists to prevent property from passing through multiple estates in quick succession when family members die close together in time, such as in an accident.

Smaller estates under $75,000 can use a simplified transfer process that avoids full probate proceedings. Unlike states with formal independent administration statutes (such as California and Texas), Florida doesn't offer a simplified procedure for executors to petition for reduced court oversight. However, executors typically have statutory authority to manage routine estate matters. For families looking to avoid probate court involvement entirely, a revocable living trust remains the most reliable option.