Florida Estate Planning: Free Wills, Trusts & Calculators

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 2 witnesses and a notary, making Florida one of the stricter states for these documents. All requirements can be satisfied at once at a bank or attorney's office.

Florida does not offer a traditional small estate affidavit, but estates valued under $75,000 may qualify for Summary Administration, a simplified probate process that is faster and less expensive than formal administration. 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.

Florida does not impose a state estate tax or inheritance tax, which means estates are only subject to the federal estate tax (currently exempting the first $15,000,000 per person, or $30,000,000 for married couples using portability). This is a meaningful advantage over the states that layer their own death taxes on top of the federal system.

Florida does not allow transfer-on-death deeds for real estate. Without this option, real property must pass through probate or be held in a trust to avoid court proceedings. Transferring a home into a revocable trust does not forfeit Florida's homestead exemption—the protection carries through to trust-held property. Transferring property into a revocable trust does not trigger a property tax reassessment in Florida, so property taxes remain at their current level. Florida does not enforce no-contest (in terrorem) clauses in trusts or wills. Beneficiaries can challenge a trust without risking their inheritance, which makes it easier for disputes to reach court.

Florida provides constitutional homestead protection with no dollar limit on the home's value—only acreage limits of 0.5 acres in urban areas and 160 acres in rural areas. This means a home worth any amount is protected from most creditors during the owner's lifetime and passes with strong protections to surviving spouses and minor children. Executors must publish a notice to creditors, who then have 3 months to file claims against the estate. Known creditors must also receive direct written notice.

Florida automatically revokes an ex-spouse as beneficiary on life insurance, retirement accounts, and similar designations upon divorce. However, these automatic revocations can be overridden by a divorce decree or by re-designating the ex-spouse after the divorce. Florida provides full creditor protection for inherited IRAs, meaning creditors cannot reach these funds—a protection not available in every state.

Florida fully authorizes remote online notarization (RON) for estate planning documents, including wills, trusts, healthcare directives, powers of attorney. This allows the entire signing process to happen via video call from anywhere.