Florida estate planning has no state estate tax, allows online wills with two witnesses, and offers summary administration for estates under $75,000 or when the decedent has been dead more than two years. A complete plan typically includes a will, health care proxy, living will, and durable power of attorney.
If you are navigating estate planning in Florida, you likely have practical questions about how the process actually works. Here are answers to the most common questions Florida residents ask.
1. What Is Estate Planning and Why Should Floridians Do It?
Estate planning is the process of organizing and managing your assets, real estate, financial accounts, and personal property, so they are distributed according to your wishes when you die. Since everyone has an estate, everyone benefits from having a plan to protect and distribute it. In Florida specifically, proper planning means your loved ones spend less time in probate court, since your personal representative can manage your estate and pay creditors more efficiently. It also means you control who inherits your property, rather than letting Florida's default intestacy law dictate the outcome.
2. What Legal Documents Belong in a Florida Estate Plan?
- Last Will and Testament: outlines how your assets should be distributed and who is responsible for carrying out your wishes. Florida calls this person a personal representative, functionally the same role as an executor elsewhere. It can also specify guardianship for minor children.
- Revocable Living Trust: allows assets to transfer to beneficiaries without going through probate and keeps your estate plan private. Trusts are typically more expensive to maintain and are generally recommended for people with significant assets.
- Durable Power of Attorney: designates someone to manage your financial affairs if you cannot do so yourself.
- Health Care Proxy: appoints someone to make medical decisions on your behalf if you are unable to communicate your wishes.
- Living Will: specifies your preferences for end-of-life medical care, such as whether you want life support in certain situations.
3. Is a Will the Only Florida Estate Planning Document I Need?
A will is fundamental, but it is usually not sufficient on its own. Most people also create a living will, a statement outlining which medical care to accept or reject if you cannot make your own decisions. A will and a living will complement each other: the living will covers you while you are alive, while a will takes effect once you pass away.
4. Should I Worry About Estate Taxes in Florida?
Florida does not have a state estate tax or inheritance tax. Federal estate tax can still apply to large estates, but according to the IRS, the federal filing threshold has risen substantially over time and stands at $15 million per individual as of 2026, so most Florida residents will not owe federal estate tax either.
5. How Does Florida's Homestead Exemption Protect My Estate?
Florida's homestead exemption offers significant protection for your primary residence against certain creditors, meaning a creditor generally cannot force the sale of your homestead to satisfy a judgment. The homestead law also generally prevents a bankruptcy trustee from liquidating a homestead to satisfy a creditor, though there are important exceptions, such as for mortgage lenders and certain tax liens, so review your specific situation with an attorney if creditor protection is a major concern.
6. When Should I Update My Florida Estate Plan?
Review your estate plan every few years or whenever a significant life event occurs: marriage, divorce, the birth of a child or grandchild, acquiring new assets, or the death of a beneficiary or executor. Keep your documents current with changes in state and federal law too, since these can affect how well your plan actually performs when it matters.
7. What Happens If I Do Not Have an Estate Plan in Florida?
When you die intestate, without a will, your estate goes through probate and the state determines who receives your property according to Florida's intestacy law, rather than your own wishes. This can be difficult for friends and family, especially when probate drags on for months. If you become incapacitated without a living will or health care proxy, you also lose control over what kind of medical care you receive, putting significant pressure on loved ones who have to navigate your medical situation without your input.
8. What Is Summary Administration in Florida?
Summary administration is a simplified probate process available for smaller estates. Under Florida Statute 735.201, an estate qualifies for summary administration if its total value, excluding property exempt from creditor claims, does not exceed $75,000, or if the decedent has been dead for more than two years, regardless of the estate's size.
9. Can I Make a Florida Will Online?
Yes. Florida law allows you to create a valid will online without an attorney, as long as you meet these requirements:
- The will must be in writing. Oral wills are not valid in Florida, and while the state recognizes handwritten wills, courts frequently invalidate them if they do not meet all legal formalities.
- The person making the will, the testator, must be at least 18 years old and of sound mind.
- The testator must sign the will.
- The will must be signed in the presence of at least two witnesses. Florida does not bar beneficiaries from serving as witnesses, but disinterested witnesses are generally preferable.
Common Mistakes to Avoid
- Assuming Florida's lack of a state estate tax means no estate tax planning is ever needed
- Using a handwritten will without meeting all of Florida's formal requirements
- Overlooking the homestead exemption's specific exceptions when relying on it for creditor protection
- Waiting years to update a will after a major life change like divorce or remarriage
- Missing the summary administration option for a smaller estate and going through full probate unnecessarily
How FastWill Handles This
FastWill's online will builder lets you create a Florida-compliant will, living will, health care proxy, and power of attorney, meeting the state's two-witness signing requirement automatically. For more detail on Florida's specific illness-related considerations, see our guide to estate planning in Florida for specific illnesses, and our article on how Florida's homestead law impacts your estate plan for a deeper look at that protection.
Frequently Asked Questions
Does Florida have a state estate tax?
No. Florida has no state estate tax or inheritance tax. Federal estate tax can still apply to very large estates above the current federal threshold.
Can I make a valid will online in Florida without a lawyer?
Yes, as long as you are 18 or older, of sound mind, sign the will yourself, and sign it in the presence of at least two witnesses.
What qualifies an estate for summary administration in Florida?
An estate valued at $75,000 or less, excluding exempt property, or an estate where the decedent has been dead for more than two years, under Florida Statute 735.201.
Does Florida's homestead exemption protect against all creditors?
No. It protects against many general creditors, but exceptions exist, including for mortgage lenders and certain tax obligations, so review your specific situation with an attorney.
What happens if I die without an estate plan in Florida?
Your estate goes through probate under Florida's intestacy law, which determines who inherits based on a fixed legal hierarchy rather than your personal wishes.
