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Estate planning · Florida

Florida estate planning: wills, trusts and deeds.

Florida wills, revocable living trusts, Lady Bird deeds, durable powers of attorney and health care directives, explained with citations to the Florida Statutes. A trust avoids probate only for property titled in it.

5 documents
Documents
Signing rules, funding steps and citations for each document.
Revocable Living Trust
How a Florida revocable living trust is created, funded, changed and administered after death, with each rule cited to the Florida Statutes.
Pour-over Will + Trust
A revocable trust, a pour-over will, a durable power of attorney, a health care surrogate designation and a living will, with the Florida signing rule for each.
Last Will & Testament
How a Florida will is signed, witnessed, self-proved, changed and revoked, and what it does not control, with each rule cited to the Florida Statutes.
Durable Power of Attorney
How a Florida durable power of attorney is signed, what authority an agent has, and when it ends, with each rule cited to ch. 709, part II, Florida Statutes.
Healthcare Surrogate + Living Will
How a Florida health care surrogate designation and living will are signed, when they take effect, and what the surrogate may decide, with each rule cited to ch. 765, Florida Statutes.
Compare all 5 →
5 situations
By situation
Planning documents sorted by family and property facts.
Young families
Who has legal authority over minor children, who manages property they receive, and at what age they control it, with each rule cited to the Florida Statutes.
Blended families
How Florida intestacy, the 30% elective share, homestead and waiver rules apply when a spouse and children from a prior marriage or relationship both have claims, with each rule cited.
Business owners
What Florida law does with an LLC interest or corporate shares at death, and where a trust and the entity documents fit.
Snowbirds and multi-state owners
Florida domicile, homestead, ancillary administration and out-of-state documents for people with homes in two states.
Special-needs planning
How a trust, a will and an ABLE account hold property for a beneficiary who receives SSI or Medicaid, with the federal and Florida rules cited.
See all situations →
18 guides
Guides
Guides on common planning questions.
Will vs. trust in Florida: what each does, how each is signed and what each avoids
Comparison table with sources
What Florida homestead protects: tax exemption, creditor protection and inheritance rules
Three rules, with sources
When to update a Florida estate plan: marriage, divorce, a birth, a death, a move, new assets and incapacity, what Florida law changes automatically and which documents to review after each event
Life events
Florida will checklist: who may make a will, signing and witness rules under section 732.502, the self-proving affidavit, and decisions on beneficiaries, personal representative, guardian and homestead
Checklist
Printable
Lady bird deed in Florida: how an enhanced life estate deed works
14-min read
Probate vs trust administration in Florida: differences, steps and deadlines
14-min read
Blended families and estate planning in Florida: homestead, elective share, stepchildren and trusts
13-min read
Florida snowbird estate planning: domicile, homestead, other-state taxes and ancillary probate
12-min read
Power of attorney in Florida: execution rules, durable language, agent powers, bank acceptance and revocation
13-min read
Health care surrogate and living will in Florida: signing rules, powers, limits and who decides without one
13-min read
Pet trusts in Florida under § 736.0408: setup, funding, caregiver, trustee and enforcement
9-min read
Florida estate tax and federal estate tax in 2026: the $15,000,000 exclusion, portability and Form 706
12-min read
Funding a revocable trust in Florida: deeds, accounts, retirement plans, insurance and what to leave out
13-min read
Special needs trusts in Florida: three types, SSI and Medicaid rules, and ABLE accounts
12-min read
Florida Medicaid planning: 2026 limits, the 60-month look-back and estate recovery
13-min read
Out-of-state wills in Florida: validity, moving to Florida and probate steps
10-min read
Trust administration after death in Florida: successor trustee duties, notices and deadlines
12-min read
Florida homestead exemption in 2026: amounts, March 1 deadline, Save Our Homes and death of the owner
11-min read
Browse all guides →
Comparison

Estate planning documents compared.

Each document's page has the full rules and citations.

The document
Best for
Owners of Florida real estate and accounts who want trust property passed on under private terms
Owners who want trust, pour-over will, power of attorney and health care directives set up as one coordinated set
People who want to name devisees and a personal representative and own little that passes outside the will
Adults who want a named agent with written authority over property and finances
Adults who want a named health care surrogate and a written living will
Drafting time
2–3 weeks
No statutory period
No statutory period
Exercisable when executed (§ 709.2108(1))
Surrogate effective on signing if stipulated, otherwise on incapacity (§ 765.202(6), § 765.204(3))
Avoids probate?
Partially
Partially
No
No
No
Needs funding?
Yes
Yes
No
No
No
Signing requires
Settlor and 2 witnesses
Will, trust, health care surrogate and living will: 2 witnesses. Power of attorney: 2 witnesses and a notary
Testator signs at the end before 2 attesting witnesses (§ 732.502(1)); notary only for the optional self-proof
Principal and 2 subscribing witnesses, acknowledged before a notary
2 subscribing adult witnesses; no notary required
Update when
Divorce, new real estate, trustee change
Marriage, birth, adoption, divorce, new real estate, change of agent or trustee
Marriage, birth, adoption, divorce, change of personal representative or devisees
Agent unavailable, marriage to agent ends, different powers wanted
Surrogate unavailable, divorce from surrogate, wishes change
Read full details
Revocable Living Trust
Hold titled property for named beneficiaries; name a successor trustee
Best for
Owners of Florida real estate and accounts who want trust property passed on under private terms
Drafting time
2–3 weeks
Avoids probate?
Partially
Needs funding?
Yes
Read full details
Pour-over Will + Trust
A revocable trust for titled property, a pour-over will for the rest, and incapacity documents
Best for
Owners who want trust, pour-over will, power of attorney and health care directives set up as one coordinated set
Drafting time
No statutory period
Avoids probate?
Partially
Needs funding?
Yes
Read full details
Last Will & Testament
Direct devises and nomination of a personal representative
Best for
People who want to name devisees and a personal representative and own little that passes outside the will
Drafting time
No statutory period
Avoids probate?
No
Needs funding?
No
Read full details
Durable Power of Attorney
Agent acts for the principal in property and financial matters
Best for
Adults who want a named agent with written authority over property and finances
Drafting time
Exercisable when executed (§ 709.2108(1))
Avoids probate?
No
Needs funding?
No
Read full details
Healthcare Surrogate + Living Will
Surrogate makes health care decisions when the principal cannot
Best for
Adults who want a named health care surrogate and a written living will
Drafting time
Surrogate effective on signing if stipulated, otherwise on incapacity (§ 765.202(6), § 765.204(3))
Avoids probate?
No
Needs funding?
No
Read full details
Trust, will and probate

Trust, will and probate compared.

Each cell states one rule and links to the Florida Statutes (2026), the Florida Probate Rules or the court rule that sets it.

TopicRevocable trustWillProbate
Governing lawFlorida Trust Code, ch. 736.Execution and effect: § 732.502 and ch. 732.Ch. 733 (administration), ch. 735 (summary administration) and the Florida Probate Rules.
Who signsThe settlor. The testamentary aspects need will formalities (§ 736.0403(2)(b)).The testator signs at the end before at least two attesting witnesses, who sign in the presence of the testator and of each other (§ 732.502(1)).The petitioner verifies the petition (Fla. Prob. R. 5.200).
Property it controlsProperty transferred to the trustee, or declared held as trustee (§ 736.0401).Property in the testator's name. A will does not prove title until it is admitted to probate (§ 733.103(1)).The estate subject to administration. Summary administration applies at $150,000 or less after exempt property, or when the decedent has been dead more than 2 years (§ 735.201(2); ch. 2026-57, § 7; Fla. Prob. R. 5.530).
Court roleNo continuing court supervision unless a court orders it (§ 736.0201(3)).The custodian deposits the will with the clerk within 10 days after learning of the death (§ 732.901(1)).A court proceeding opened by a verified petition (Fla. Prob. R. 5.200).
Public accessThe trustee's notice of trust states the settlor's name, date of death, trust title and date, and the trustee's name and address (§ 736.05055(2)). Qualified beneficiaries can request a copy of the instrument (§ 736.0813(1)(c)).The clerk keeps the original will for at least 20 years (§ 732.901(4)). Court records are open to the public unless a rule limits access (Fla. R. Gen. Prac. & Jud. Admin. 2.420(a)).The contents of the court file are court records (Rule 2.420(b)(1)(A)).
Time limitsA challenge to validity is barred at the earlier of the chapter 95 period or 6 months after the trustee sends a copy of the trust and a notice (§ 736.0604). The trustee gives qualified beneficiaries notice within 60 days after learning the trust became irrevocable (§ 736.0813(1)(b)).Objection to the will's validity: 3 months after service of the notice of administration (§ 733.212(3)).Creditor claims: 3 months after first publication of the notice to creditors, or 30 days after service on a creditor if later (§ 733.702(1)). Outer limit: 2 years after death (§ 733.710(1)).
CreditorsReachable by the settlor's creditors during life, to the extent the property would not otherwise be exempt (§ 736.0505(1)(a)). After death, liable for the estate's expenses and obligations when the estate is insufficient (§ 733.707(3)).The estate pays expenses and obligations in eight classes of priority (§ 733.707(1)).The trustee pays the personal representative the amounts certified in writing as required for the estate's expenses and obligations (§ 736.05053(1)).
Changing itThe settlor may revoke or amend unless the terms expressly say the trust is irrevocable (§ 736.0602(1)).Amend by codicil, executed with the same formalities as a will (§ 732.502(5)).Not applicable.
Marriage, birth, adoptionNone of these revokes the trust (§ 736.1105(1)).None of these revokes the will. A pretermitted child or spouse inherits under §§ 732.301 and 732.302 (§ 732.507(1)).Not applicable.
DivorceProvisions that affect the spouse are void on dissolution of the marriage, with three exceptions (§ 736.1105(2)).Same rule for the will (§ 732.507(2)).Not applicable.
Surviving spouse's elective shareProperty transferred by the decedent and revocable by the decedent alone is in the elective estate (§ 732.2035(5)).The probate estate is in the elective estate (§ 732.2035(1)).The election is due by the earlier of 6 months after service of the notice of administration on the spouse or 2 years after death, unless extended (§ 733.212(2)(e)).
Homestead

Homestead and trusts

The Florida Constitution exempts a homestead owned by a natural person from forced sale under process of any court. Within a municipality the limit is one-half acre of contiguous land. Outside a municipality it is 160 acres of contiguous land and improvements. The exception list covers taxes and assessments, obligations contracted for the purchase, improvement or repair of the property, and labor performed on the realty (Art. X, § 4(a)(1), Fla. Const.). The exemption inures to the surviving spouse or heirs of the owner (Art. X, § 4(b)).

Devise of homestead

Homestead is not subject to devise if the owner is survived by a spouse or minor child, except that it may be devised to the owner's spouse when there is no minor child (Art. X, § 4(c); § 732.4015(1), Fla. Stat. (2026)).

Owner is survived byRule
A spouse and a minor childHomestead is not subject to devise.
A minor child and no spouseHomestead is not subject to devise.
A spouse and no minor childHomestead may be devised only to the spouse.
No spouse and no minor childThe limit on devise does not apply.

Homestead held in a revocable trust

The limit still applies. For § 732.4015 the owner includes the grantor of a trust described in § 733.707(3) as if the interest held in trust were owned by the grantor, and a devise includes a disposition by trust of the part of the trust estate that would be the grantor's homestead (§ 732.4015(2)). A proceeding to determine the homestead status of real property owned by a trust may be filed in the settlor's probate proceeding if the settlor was treated as the owner under § 732.4015 (§ 736.0201(7)).

Creditors

The property of a revocable trust is subject to the claims of the settlor's creditors during the settlor's lifetime only to the extent the property would not otherwise be exempt by law if owned directly by the settlor (§ 736.0505(1)(a)).

Property tax exemption

A person who, on January 1, has legal title or beneficial title in equity to real property and in good faith makes it a permanent residence is entitled to the homestead exemption from property taxes (§ 196.031(1)(a)). Applications go to the property appraiser in the county where the property is located, and the property appraiser determines whether a parcel is entitled to an exemption (Florida Department of Revenue).

Execution

Signing and witnessing rules

Sorted by document. Each row cites the section that sets the rule.

DocumentRuleAuthority
WillThe testator signs at the end before at least two attesting witnesses, who sign in the presence of the testator and of each other. A self-proving affidavit before an officer authorized to administer oaths is optional.§ 732.502(1); § 732.503(1)
Revocable trustThe testamentary aspects need the formalities for executing a will.§ 736.0403(2)(b)
Deed of real estateSigned in the presence of two subscribing witnesses. To be recorded, the execution must be acknowledged or proved by a subscribing witness.§ 689.01(1); § 695.03
Durable power of attorneySigned by the principal and two subscribing witnesses, and acknowledged before a notary public or as provided in § 695.03. Authority to create, amend or revoke a trust, or to make gifts, needs the principal's signature or initials next to that authority.§ 709.2105(2); § 709.2202(1)
Designation of health care surrogateSigned by the principal in the presence of two subscribing adult witnesses. The surrogate cannot witness. At least one witness is neither the principal's spouse nor a blood relative.§ 765.202(1)-(2)
Living willSigned by the principal in the presence of two subscribing witnesses, one of whom is neither a spouse nor a blood relative.§ 765.302(1)
Questions

Estate planning questions

Does a will avoid probate in Florida?

No. A will does not prove title to the testator's property until it is admitted to probate (§ 733.103(1), Fla. Stat. (2026)). The custodian of a will must deposit it with the clerk of the court having venue within 10 days after receiving information that the testator is dead (§ 732.901(1)).

Is it better to have a will or a trust in Florida?

The Florida Statutes treat them as different instruments and do not rank them. A will controls property in the testator's name and must be admitted to probate (§ 733.103(1)). A revocable trust controls property transferred to the trustee (§ 736.0401) and is not subject to continuing court supervision unless a court orders it (§ 736.0201(3)). A will can leave remaining property to the trustee of a trust that exists when the will is made (§ 732.513(1)). The comparison table above sets the rules side by side.

What is the probate threshold in Florida for 2026?

Summary administration is available when the value of the entire estate subject to administration in Florida, less exempt property, does not exceed $150,000, or when the decedent has been dead more than 2 years (§ 735.201(2), Fla. Stat. (2026)). Section 7 of ch. 2026-57, Laws of Fla., changed the figure from $75,000, and section 14 of the act sets July 1, 2026 as its effective date. Summary administration is still a court proceeding, opened by a verified petition (Fla. Prob. R. 5.530(a)).

Are wills public record in Florida?

A will must be deposited with the clerk within 10 days after the custodian learns of the death, and the clerk keeps the original for at least 20 years (§ 732.901(1), (4), Fla. Stat. (2026)). The public has access to all records of the judicial branch except as the rule provides, and court records are the contents of the court file (Fla. R. Gen. Prac. & Jud. Admin. 2.420(a), (b)(1)(A)). Rule 2.420 lists records that are confidential; the clerk of the county where the case is filed can say whether a particular record is open.

Does Florida have an estate tax in 2026?

No. A federal change eliminated Florida's estate tax on people who died after December 31, 2004, and personal representatives have not had to file Form DR-312 or DR-313 since July 1, 2023 (Florida Department of Revenue). The federal basic exclusion amount for 2026 is $15,000,000 (IRS).

Attorney

Rachel B. Schadt, Florida Bar #127500

Rachel B. Schadt is a Florida attorney in Sarasota. The estate planning pages on this site cite the Florida Statutes, the Florida Probate Rules and other official sources. Rachel is not accepting new clients until late October 2026.

Matters that cannot wait: The Florida Bar Lawyer Referral Service, 800-342-8011.

Sources

Sources

Last checked: October 16, 2026. Statute links open the 2026 Florida Statutes on flsenate.gov. The Florida Probate Rules (Oct. 15, 2026 edition) and the Rules of General Practice and Judicial Administration (July 1, 2026 edition) are listed on The Florida Bar rules page.

Florida Statutes (2026)

  1. § 736.0401, Fla. Stat. (2026) Methods of creating trust. The Florida Senate.
  2. § 736.0403, Fla. Stat. (2026) Trusts created in other jurisdictions; formalities required for revocable trusts. The Florida Senate.
  3. § 736.0201, Fla. Stat. (2026) Role of court in trust proceedings. The Florida Senate.
  4. § 736.0505, Fla. Stat. (2026) Creditors' claims against settlor. The Florida Senate.
  5. § 736.05053, Fla. Stat. (2026) Trustee's duty to pay expenses and obligations of settlor's estate. The Florida Senate.
  6. § 736.05055, Fla. Stat. (2026) Notice of trust. The Florida Senate.
  7. § 736.0604, Fla. Stat. (2026) Limitation on action contesting validity of revocable trust. The Florida Senate.
  8. § 736.0602, Fla. Stat. (2026) Revocation or amendment of revocable trust. The Florida Senate.
  9. § 736.0813, Fla. Stat. (2026) Duty to inform and account. The Florida Senate.
  10. § 736.1105, Fla. Stat. (2026) Effect of subsequent marriage, birth, adoption, or dissolution of marriage. The Florida Senate.
  11. § 733.103, Fla. Stat. (2026) Effect of probate. The Florida Senate.
  12. § 733.212, Fla. Stat. (2026) Notice of administration; filing of objections. The Florida Senate.
  13. § 733.702, Fla. Stat. (2026) Limitations on presentation of claims. The Florida Senate.
  14. § 733.707, Fla. Stat. (2026) Order of payment of expenses and obligations. The Florida Senate.
  15. § 733.710, Fla. Stat. (2026) Limitations on claims against estates. The Florida Senate.
  16. § 732.2035, Fla. Stat. (2026) Property entering into elective estate. The Florida Senate.
  17. § 732.4015, Fla. Stat. (2026) Devise of homestead. The Florida Senate.
  18. § 732.502, Fla. Stat. (2026) Execution of wills. The Florida Senate.
  19. § 732.503, Fla. Stat. (2026) Self-proof of will. The Florida Senate.
  20. § 732.507, Fla. Stat. (2026) Effect of subsequent marriage, birth, adoption, or dissolution of marriage. The Florida Senate.
  21. § 732.513, Fla. Stat. (2026) Devises to trustee. The Florida Senate.
  22. § 732.901, Fla. Stat. (2026) Production of wills. The Florida Senate.
  23. § 735.201, Fla. Stat. (2026) Summary administration; nature of proceedings. The Florida Senate.
  24. § 689.01, Fla. Stat. (2026) How real estate conveyed. The Florida Senate.
  25. § 695.03, Fla. Stat. (2026) Acknowledgment and proof; validation of certain acknowledgments; legalization or authentication before foreign officials. The Florida Senate.
  26. § 709.2105, Fla. Stat. (2026) Qualifications of agent; execution of power of attorney. The Florida Senate.
  27. § 709.2202, Fla. Stat. (2026) Authority that requires separate signed enumeration. The Florida Senate.
  28. § 765.202, Fla. Stat. (2026) Designation of a health care surrogate. The Florida Senate.
  29. § 765.302, Fla. Stat. (2026) Procedure for making a living will; notice to physician. The Florida Senate.
  30. § 196.031, Fla. Stat. (2026) Exemption of homesteads. The Florida Senate.
  31. Ch. 732, Fla. Stat. (2026) Wills and intestate succession (Florida Probate Code). The Florida Senate.
  32. Ch. 733, Fla. Stat. (2026) Administration of estates. The Florida Senate.
  33. Ch. 735, Fla. Stat. (2026) Small estates. The Florida Senate.
  34. Ch. 736, Fla. Stat. (2026) Florida Trust Code. The Florida Senate.

Florida Constitution and session law

  1. Art. X, § 4, Fla. Const. Homestead; exemptions. The Florida Senate.
  2. Ch. 2026-57, §§ 7, 14, Laws of Fla. CS/HB 1337, amending s. 735.201(2) and setting the effective date. Florida Department of State.

Court rules

  1. Fla. Prob. R. 5.200 Petition for administration (Florida Probate Rules, Oct. 15, 2026 ed.). The Florida Bar.
  2. Fla. Prob. R. 5.530 Summary administration (Florida Probate Rules, Oct. 15, 2026 ed.). The Florida Bar.
  3. Fla. R. Gen. Prac. & Jud. Admin. 2.420 Public access to and protection of judicial branch records (July 1, 2026 ed.). The Florida Bar.

Federal and state agencies

  1. IRS, What's New: Estate and Gift Tax Basic exclusion amount for year of death (2026: $15,000,000). Internal Revenue Service.
  2. Fla. Dep't of Revenue, Florida Estate Tax Florida estate tax. Florida Department of Revenue.
  3. Fla. Dep't of Revenue, Property Tax Exemptions Homestead property tax exemption and assessment limitation. Florida Department of Revenue.
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