Florida Estate Planning & Probate: Where to Start
State-specific education explaining Florida probate, trusts, homestead, and estate planning basics.
NEW: Florida Estate Planning Book Now Available
Choose your starting point:
Educational only. Not legal advice.
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 Education Modules
Module 1 — The Florida Probate Framework
Florida probate operates under specific statutory procedures. Understanding the difference between summary and formal administration — along with how Florida homestead is treated — is essential before making planning decisions.
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.
Module 2 — Avoiding Probate the Right Way
Avoiding probate in Florida requires more than simply signing a trust. Proper funding, beneficiary designations, and real estate planning must align with Florida law.
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.
Module 3 — The Core Florida Estate Planning Documents
Most Florida families rely on four foundational documents. These documents must comply with Florida execution requirements to be legally effective.
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.
Module 4 — Special Florida Rules & Planning Considerations
Florida has unique laws that affect estate planning, including homestead protections, elective share rights, and asset titling considerations for new Florida residents.
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.
Florida Estate Planning Checklist (Free PDF)
This checklist helps you gather the key information most Florida families need for wills, trusts, probate planning, and incapacity documents. It’s designed to prepare you for an efficient conversation with a Florida estate planning attorney. It covers:
Personal & family information
Assets, accounts, and property details
Beneficiaries and key decision points
Roles (executor, agent, guardian, trustee)
Planning goals and priorities
8–10 pages • Printable • Educational resource
Florida Estate Planning Book
The Florida Estate Planning Book is designed to give families a clear, practical overview of Florida estate planning — before meeting with an attorney or making decisions.
The book explains:
Wills vs. trusts under Florida law
Florida homestead considerations
Incapacity planning and powers of attorney
What to expect during probate or trust administration
Common mistakes Florida families make
Whether you’re just starting or reviewing an existing plan, the book is meant to help you ask better questions and make more informed choices.
Not sure where to begin? The free checklist is a simple first step.
Florida Estate Planning Forms & Resources
This section provides direct access to selected official Florida government forms and administrative resources that are commonly referenced in estate administration and post-death asset transfers.
These materials are provided for educational reference. Requirements vary depending on ownership structure, asset value, and whether probate proceedings are required.
Motor Vehicles & Title Transfers After Death
Florida provides specific statutory procedures for transferring motor vehicle title following a death. The process depends on how the vehicle was titled and whether probate is required.
Surviving spouses may, in certain circumstances, use:
Form HSMV 82152— Application for Surviving Spouse Transfer of Title
Additional title and lien forms are maintained by the:
Florida Department of Highway Safety and Motor Vehicles — Liens & Titles Division
Florida Probate Court Resources
Probate proceedings in Florida are handled through the Clerk of Court in the county where the decedent resided.
Each county provides procedural guidance, filing instructions, and required forms.
To locate your county Clerk of Court:
Florida Homestead & Property Tax Information
Florida homestead protections can significantly affect how primary residences pass at death and how property taxes are calculated.
Official guidance regarding homestead exemptions and portability is available through:
Florida Department of Revenue — Property Tax & Homestead Resources
Florida Durable Power of Attorney Statutory Framework
Florida Durable Power of Attorney documents must comply with specific statutory execution requirements to be valid.
For statutory reference:
Florida Advance Directives & Health Care Surrogate Forms
Florida recognizes Health Care Surrogate Designations and Living Wills under state statute.
For statutory guidance:
Additional State References
For broader state-level information:
Florida Statutes (Official Online Version)
Florida Department of Financial Services — Unclaimed Property
Florida Estate Planning Articles
The following articles provide structured educational guidance on key areas of Florida estate planning law. Each article addresses a specific topic that frequently affects Florida families and should be understood before making planning decisions.
These materials are educational in nature and are intended to support informed conversations with qualified Florida estate planning attorneys.
Florida Homestead: What Families Often Misunderstand
Constitutional Protection, Devise Restrictions, and Probate Implications
A structured overview of how Florida’s homestead protections affect inheritance, creditor protection, and estate planning.
Florida Probate Explained
A clear overview of how probate works in Florida, including formal and summary administration, timelines, and common misconceptions.
Avoiding Probate in Florida: What Actually Works
A structured explanation of the legal methods that can avoid probate — and common misconceptions.
Florida Contributing Attorney
The American Estate Planning Series is expanding its state-specific educational framework in Florida.
We are 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 are provided for general educational purposes and should not be relied upon as individualized legal advice.
Florida Attorneys
Florida-licensed estate planning attorneys interested in participating in the structured state framework may inquire through the contact section below.
Need Florida Estate Planning Guidance?
If you are ready to move from education to implementation, the next step is to speak with a qualified Florida estate planning attorney about your specific circumstances.
Estate planning is jurisdiction-specific. Document preparation, execution requirements, and planning strategies must comply with Florida law. While this platform provides structured educational resources, individualized legal advice requires consultation with licensed counsel.
The American Estate Planning Series is expanding its professional network in Florida. As our Florida Contributing Attorney and regional attorneys are finalized, additional information will be made available here.
In the meantime, you may:
Download the Florida Estate Planning Checklist to organize your information
Review the Florida Education Modules above
Prepare questions for a consultation with a Florida estate planning attorney
If you would like to be notified when additional Florida professional guidance becomes available, you may join our Florida updates list below.