Florida Estate Planning Basics: What You Need to Know

Estate planning isn’t about giving things away while you’re alive. It’s about making sure your wishes are followed after you die and protecting you if life throws a curveball before then.

If you’ve been putting this off because it feels overwhelming (or uncomfortable), you’re not alone — and you don’t need to do everything at once. Let’s cover the foundations that matter most in Florida.

🧭 What Estate Planning in Florida Actually Does (in plain English)

A good estate plan answers three big questions:

1. Who makes decisions for me if I can’t?

2. Who receives my property after I die?

3. How do we make this as smooth and stress‑free as possible for my loved ones?

   
   

Estate planning is not just about death. It also protects you during your lifetime if you become ill, injured, or otherwise unable to manage your own affairs.

Man and woman signing legal documents as directed by counsel.

Some important documents in Florida estate planning include:

📜 Last Will and Testament — What It Really Does

This is one of the biggest misconceptions we see:

👉 A Will does NOT control your property while you are alive. 👉 A Will only takes effect after you die.

Your Will does three primary things:

• Names who receives your property after death

• Names a Personal Representative (Florida’s term for “executor”) to handle the probate process

• States your wishes regarding guardianship of minor children (with important limitations — more on that below)

  
  

If someone tells you that making a Will means you’re “giving up control,” that is simply not true. You keep full ownership and control of your assets during your lifetime.

⚠️ Important: A Will does not avoid probate. In Florida, a Will must still go through the court process before assets can be distributed.

🏠 Trusts — Not Just for the Ultra‑Wealthy

A Revocable Living Trust is often used when people want:

• To avoid probate

• To keep matters private

• To plan for incapacity

• To control how and when beneficiaries receive assets

  
  

With a revocable trust:

• You still control your property

• You can change or revoke it at any time

• Assets properly titled in the trust pass without probate

  
  

Trusts are especially helpful for:

• Blended families

• Beneficiaries with special needs

• Long‑term property planning (like keeping homes in the family)

• Clients who want more structure than a Will provides

⚖️ The Documents That Protect You While You’re Alive

Estate planning is not complete without incapacity planning.

These documents work during your lifetime:

✅ Durable Power of Attorney

Allows someone you trust to manage your finances and legal matters if you cannot.

Without a Florida Durable Power of Attorney, your family may need to go to court for guardianship.

You can learn more about Durable Powers of Attorney in our recent post on protecting yourself during life’s transitions.

✅ Health Care Surrogate Designation

Names who can make medical decisions for you if you can’t speak for yourself. You can learn more about the importance of naming someone to make your medical decisions and what this role is required to do on one of our previous blog posts.

✅ Living Will

States your wishes about life‑prolonging medical treatment if you are in a terminal condition or permanently unconscious.

These documents prevent:

• Medical delays

• Family disputes

• Court involvement

  
  

They are just as important — if not more so — than your Will.

👶 Guardians for Minor Children: Not Just in the Will

Many parents are surprised by this:

👉 In Florida, naming a guardian for minor children is typically done in a separate Pre‑Need Guardian Designation, not just inside the Will.

This document:

• Is recorded with the court

• Gives your chosen guardian legal priority

• Helps avoid emergency court decisions if something happens suddenly

  
  

Your Will can express your wishes, but the Pre‑Need Guardian form is what provides stronger immediate protection when planning for minor children in Florida.

🏡 Florida Homestead Estate Planning Rules (Yes, They Matter)

Florida gives strong protection to your primary residence — but it also places limits on how it can be passed down.

If you leave behind:

• A surviving spouse, or

• Minor children

  
  

…your homestead may pass according to Florida law even if your Will says something different.

This is why homestead planning is a major part of Florida estate planning — and why online forms often get this wrong.

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💰 What About Estate Taxes?

Good news first:

• Florida has no state estate tax.

However, federal estate tax can apply to very large estates.

As of 2026, the federal estate tax exemption is approximately $15 million per person (double for married couples with proper planning).

Most families will not owe federal estate tax — but planning still matters for:

• Asset protection

• Beneficiary protection

• Probate avoidance

• Long‑term family goals

🧾 “Small Estate” Does NOT Mean “No Probate”

This is another common misunderstanding.

Florida does not have a true “small estate affidavit” that avoids probate entirely.

What Florida does offer is Summary Administration, which is:

• A shortened probate process

• Still handled through the court

• Still requires legal filings and judicial orders

  
  

If avoiding probate is your goal, that requires planning before death — usually with trusts and beneficiary designations.

🧍‍♀️ Personal Representative vs. Trustee — Who Does What?

Personal Representative (Executor)

Handles your estate through probate:

• Files court paperwork

• Pays debts

• Distributes assets

  
  

Trustee

Manages assets held in a trust:

• Follows instructions in the trust

• Manages and distributes property

• May act over many years

  
  

Different roles. Different responsibilities. Sometimes the same person — sometimes not.

🧩 Why “Basic” Estate Planning Still Needs Customization

Every family is different.

Blended families, child‑free couples, special‑needs beneficiaries, long‑term caregivers, inherited property, business interests — all of these require planning that online templates simply cannot address.

Estate planning is not about filling out forms.

It’s about:

• Protecting people

• Preventing conflict

• Preserving dignity

• Making hard moments easier

✅ Simple Next Steps (Because Overwhelm Helps No One)

If you’re just getting started:

• Make a list of your major assets

• Think about who you trust to make decisions

• Consider who should receive what — and when

• Schedule a conversation with an estate planning attorney

  
  

You don’t have to solve everything in one appointment. You just have to start.

Estate Planning Foundations = Peace of Mind.

It’s not about expecting the worst. It’s about preparing for life — and taking care of the people you love, no matter what comes next.

Caring Guidance for Life’s Transitions.

If you’re ready to build a plan that fits your family and your goals, our team is here to help. Worley Elder Law proudly serves Bradenton, Manatee County, Sarasota, and surrounding Gulf Coast communities with compassionate, personalized estate planning guidance.