Florida Estate Planning & Probate: Where to Start
Clear explanations of Florida wills, trusts, probate, and homestead rules — so you can understand your options before meeting with an attorney.
Part of the American Estate Planning Series, providing state-specific estate planning education for families across the United States.
Start exploring Florida estate planning resources:
Educational only. Not legal advice.
Choose Your Next Step
Whether you are just beginning to learn about estate planning or preparing to meet with an attorney, here are the best places to start.
Watch Videos - Start With the Basics
If you are new to estate planning, begin with Florida videos explaining wills, trusts, probate, and homestead rules.
Download the Workbook - Get Organized First
Download the Florida Estate Planning Workbook to gather your financial information and think through key planning decisions.
Read the Book - Read the Florida Guide
The Florida Estate Planning Book explains the planning process step-by-step and highlights important Florida-specific rules.
Find an Attorney - Work With an Attorney
When you are ready for legal advice or estate planning documents, connect with a Florida estate planning attorney.
Start Here: Florida Estate Planning Overview
New to Florida estate planning? This 2-minute overview explains how Florida’s rules work and the best place to start.
Read the Florida Estate Planning Book for a complete overview
Download the free checklist to organize your information in about 10 minutes
Watch the education modules by topic (probate, trusts, incapacity planning, and more)
Use the forms and resources section for Florida-specific references
How Florida Estate Planning Law Is Different
Florida has unique legal rules affecting probate, trusts, homestead property, and spousal rights. Understanding these differences is essential before making estate planning decisions.
This page provides structured educational resources to help Florida families understand these issues before meeting with a qualified Florida estate planning attorney.
Key Florida-specific rules include:
Florida homestead protections can restrict how a primary residence passes at death and may limit certain trust transfers.
Florida has no state estate tax, but federal estate tax rules still apply to larger estates.
Probate in Florida is divided into Summary Administration and Formal Administration, depending on asset value and circumstances.
Florida’s elective share law provides surviving spouses with statutory rights, even if a will says otherwise.
Durable Power of Attorney documents must comply with specific Florida statutory requirements to be effective.
Lady Bird (Enhanced Life Estate) deeds are commonly used in Florida to help avoid probate for real property.
Florida vehicle titles may transfer at death using state-specific procedures through the Department of Highway Safety and Motor Vehicles.
Proper trust funding is especially important when homestead property is involved.
To understand how these Florida-specific rules apply to your situation, start with the Florida Estate Planning Book or download the free Florida checklist below.
Florida Estate Planning Videos
Short, clear explanations of Florida-specific estate planning topics such as probate, homestead protections, living trusts, and avoiding probate.
Start with these short videos explaining the most important Florida estate planning concepts.
Florida Estate Planning Basics
Short, clear explanations of the foundational estate planning concepts Florida families should understand, including wills, trusts, probate, and how property is transferred at death.
Florida Last Will and Testament
A last will and testament directs how probate assets are distributed under Florida law and allows you to nominate a personal representative and guardian for minor children. In this video, we explain Florida’s execution requirements and how a will fits within an overall estate plan.
Durable Power of Attorney in Florida
A durable power of attorney allows someone to manage your financial affairs if you become incapacitated. In this video, we explain Florida’s execution requirements, agent authority, and how a durable power of attorney fits within an overall estate plan.
Florida Health Care Surrogate
A Florida Health Care Surrogate designation allows you to legally name someone to make medical decisions if you become unable to communicate. Without this document, your loved ones may face delays or legal complications during a medical emergency. Learn how this essential Florida document works, how it coordinates with your Living Will, and why proper execution under Florida law matters.
Florida Probate Explained
Short, clear explanations of how the Florida probate process works, including when probate is required, how long it takes, and which assets may avoid probate.
Florida Probate Explained
Probate in Florida follows specific statutory procedures that determine how assets are transferred after death. In this video, we explain what probate means, which assets must go through the process, and how Florida’s framework affects families.
Summary Administration vs. Formal Administration (Florida)
Florida probate may proceed through summary administration or formal administration, depending on the size of the probate estate and the timing after death. In this video, we explain the key differences, the $75,000 threshold, and how Florida’s two-year rule affects probate eligibility.
Florida Homestead in Probate
Florida homestead law provides powerful protections — but it also creates specific rules that apply at death. In this video, we explain how homestead is treated in probate, when the court must determine homestead status, and why proper planning matters for Florida families.
Probate Timeline in Florida
Florida probate follows a structured statutory process that includes specific timelines, particularly in formal administration. In this video, we explain how long probate typically takes and what factors affect the duration.
Probate is the court-supervised process of administering an estate under Florida law. Learn the common legal tools used to reduce or avoid probate and how proper planning can simplify asset transfer at death.
Florida Trust Planning
Short, clear explanations of how living trusts work in Florida, when they may make sense, and how they can simplify estate administration and avoid probate.
Revocable Living Trust in Florida
A revocable living trust can help Florida families avoid probate and provide continuity during incapacity — but it must be properly structured and funded. In this video, we explain how revocable trusts work under Florida law and when they may be appropriate.
Trust Funding Explained (Florida)
A revocable living trust only works if it is properly funded. In this video, we explain what trust funding means under Florida law, which assets are typically transferred into a trust, and why ongoing maintenance matters.
Florida Special Rules
Short, clear explanations of unique Florida estate planning rules, including homestead protections, property transfers, and other state-specific considerations.
Florida Homestead Explained
Florida homestead law provides significant creditor protection during lifetime and imposes specific inheritance rules at death. In this video, we explain how homestead works under Florida law and why it must be carefully coordinated within an estate plan.
Florida Elective Share Explained
Florida’s elective share protects surviving spouses by granting them a statutory right to 30% of the elective estate. In this video, we explain how the elective share works and why it must be considered in Florida estate planning.
Moving to Florida — Estate Planning Updates
Moving to Florida requires more than updating your driver’s license. Learn how Florida homestead rules, spousal protections, and document requirements can affect your estate plan after relocation.
Blended Families in Florida
Blended families require careful coordination under Florida law. Learn how spousal rights, homestead protections, and trust planning affect inheritance when spouses and children from prior relationships are involved.
Estate Planning Starter Workbook
A simple worksheet designed to help individuals and families organize the key information needed for estate planning.
Completing the workbook can help clarify planning goals, identify important assets, and prepare for conversations with an estate planning professional.
17-page fillable PDF
Download instantly — no email or signup required
The Estate Planning Starter Workbook is designed to help individuals and families begin organizing the information commonly needed for estate planning.
Completing the workbook can help clarify planning goals, identify important assets, and prepare for conversations with an estate planning professional.
This workbook may be helpful if you:
want to begin organizing your estate planning information
are thinking about creating or updating an estate plan
want to better understand your assets and beneficiaries
plan to meet with an estate planning attorney in the future
want to organize information for your family
What the workbook includes:
Personal and family information
Asset and property overview
Beneficiary designations
Planning goals and priorities
Notes and questions for future planning discussions
Many people find it helpful to complete the workbook before meeting with an estate planning attorney or beginning the planning process.
Florida Estate Planning Attorneys
Participating attorneys will be listed here once the Florida Contributing Attorney is appointed.
The American Estate Planning Series is expanding its state-specific educational framework in Florida.
We are currently in the process of appointing a Florida-licensed estate planning attorney to serve as the designated Contributing Attorney for this jurisdiction.
Once appointed, the Contributing Attorney will:
• Provide Florida-specific statutory insight
• Review state-focused educational materials
• Assist in identifying procedural considerations unique to Florida probate courts
• Help maintain the accuracy of Florida-specific legal content
Until that appointment is finalized, all materials on this page are provided for general educational purposes and should not be relied upon as individualized legal advice.
Florida Estate Planning Attorneys
Florida-licensed estate planning attorneys interested in participating in the American Estate Planning Series may inquire through the contact section below.
Florida Estate Planning Resources
Additional Florida estate planning reference materials — including statutes, government forms, and educational articles — are available on the Florida Resources page.