Estate Planning in Florida

Like all states, Florida recognizes formally executed wills and living trusts as valid estate planning tools. A standard will here requires 2Fla. Stat. § 732.502Verified Sep 15, 2026View source adult witnesses, and adding a notarized self-proving affidavit can streamline the probate process later.

A Florida healthcare power of attorney is signed before 2Fla. Stat. § 765.203Verified Jul 15, 2026View source witnesses; notarization is not requiredFla. Stat. § 765.203Verified Jul 15, 2026View source. Witnesses must be at least 18 yearsFla. Stat. § 765.203Verified Jul 15, 2026View source old and cannot be the named agent. The agent must be at least 18 yearsFla. Stat. § 765.203Verified Jul 15, 2026View source old.

A Florida financial power of attorney 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 notaryFla. 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; both are required. It is not durable unless it says soFla. 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, in words such as “This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes”; without that language it ends when the principal becomes incapacitated. Florida does not permit springing powers of attorneyFla. 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; the agent’s authority begins when the document is signed.

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 $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source per person, or $30,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source 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 require a revocable living trust to be notarizedFla. Stat. § 736.0101 et seq.Verified Jul 15, 2026View source. 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 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. RON covers the notarization step; whether the whole signing can happen remotely also depends on whether the document's witnesses may attend by video.