Estate Planning in Florida

Estate planning in Florida is a critical step for anyone looking to safeguard their assets, ensure their loved ones are cared for, and avoid potential legal complications. Florida's unique laws regarding homestead property, probate processes, and estate tax implications make proper planning even more essential for residents. Whether you are establishing a will, trust, or healthcare directive, having a comprehensive estate plan tailored to Florida’s regulations can provide peace of mind and a secure legacy for your family.

By understanding Florida’s specific requirements and leveraging tools like transfer-on-death accounts, ladybird deeds, and revocable living trusts, Floridians can create an estate plan that minimizes stress, avoids unnecessary costs, and preserves wealth for future generations.

What Do Estate Planning Attorneys in Florida Do?

Estate planning attorneys in Florida specialize in helping individuals create, implement, and manage plans for their assets and medical care. Their expertise is invaluable for navigating the state’s complex legal landscape and ensuring that your wishes are upheld during your lifetime and after your passing.

Key Responsibilities:

• Drafting Wills and Trusts: Florida estate planning attorneys craft wills and trusts that comply with the state’s legal requirements, ensuring your assets are distributed as intended.
• Avoiding Probate: Attorneys design strategies to help clients avoid probate, a court-supervised process that can be time-consuming and costly.
• Protecting Homestead Property: Given Florida’s unique homestead property laws, attorneys help clients safeguard their primary residences for heirs while minimizing legal challenges.
• Planning for Incapacity: Attorneys establish durable powers of attorney and healthcare surrogates, ensuring that trusted individuals can manage your affairs if you become incapacitated.
• Minimizing Taxes: Although Florida does not impose an estate tax, attorneys can guide clients on minimizing federal estate taxes through trusts and charitable giving.

Estate planning attorneys not only draft the necessary documents but also provide invaluable advice to address unique family dynamics, protect minor children, and ensure compliance with Florida law.

Key Estate Planning Documents in Florida

A successful estate plan relies on several critical legal documents that work together to protect your assets and ensure your wishes are honored. Each document plays a unique role in addressing financial, legal, and healthcare considerations, helping your family navigate challenging times with clarity and confidence.

Wills

A will is the cornerstone of any estate plan. In Florida, a valid will must be signed by the testator (the person creating the will) and two witnesses. While notarization isn’t required, a notarized will—referred to as a "self-proved will"—simplifies the probate process by eliminating the need for witness testimony in court.

A will outlines who will inherit your assets and can include instructions for your funeral and burial. It also allows you to name a personal representative (executor) to oversee your estate and ensure your wishes are carried out.

Trusts

Trusts are powerful tools for managing and transferring assets. Florida residents often use revocable living trusts to bypass probate and maintain privacy. Other trusts, like irrevocable trusts, provide added protection against creditors and offer potential tax benefits.

Trusts allow you to:

• Control how and when your assets are distributed.
• Provide for minor children or individuals with special needs.
• Avoid the delays and costs associated with probate.

Powers of Attorney

A durable power of attorney allows you to designate someone to manage your financial and legal affairs if you become incapacitated. In Florida, powers of attorney must be signed before two witnesses and notarized.

Springing powers of attorney are no longer recognized in Florida.

Healthcare Directives

Healthcare directives, including living wills and healthcare surrogates, enable you to outline your medical preferences and designate someone to make decisions on your behalf. These documents ensure your wishes are respected during critical medical situations and provide clarity for your loved ones.

Navigating Probate in Florida

Probate is the court-supervised process of distributing a deceased person’s assets to their heirs or beneficiaries. While probate is necessary in some cases, proper estate planning can help you avoid it entirely.

Florida’s Probate Process

• Initiating Probate: A personal representative is appointed to manage the estate.
• Asset Collection: The personal representative identifies and gathers the decedent’s assets.
• Debt Payment: Outstanding debts and taxes are paid from the estate.
• Asset Distribution: Remaining assets are distributed to beneficiaries.

Simplified Probate Options

Florida offers a streamlined probate process for smaller estates, such as summary administration, which is available for estates valued at $75,000 or less. By leveraging tools like transfer-on-death accounts and ladybird deeds, many Floridians can avoid probate altogether.

Florida-Specific Estate Planning Considerations

Florida's unique laws and regulations significantly influence estate planning decisions. From homestead protections to probate rules, understanding these state-specific factors can help you create a comprehensive plan tailored to your circumstances.

Homestead Property

Homestead property in Florida is subject to unique protections. A primary residence owned by a married couple is often titled as "tenants by the entirety," allowing for automatic transfer to the surviving spouse upon death. Additionally, Florida law restricts how homestead property can be devised if the owner is survived by a spouse or minor children.

Ladybird Deeds

Enhanced life estate deeds, commonly known as ladybird deeds, are a popular probate-avoidance tool in Florida. These deeds allow property owners to name a beneficiary who will inherit the property upon their death without forfeiting control during their lifetime.

Estate Taxes

Florida does not impose a state estate tax, but estates exceeding the federal exemption limit—$13.99 million in 2025—may still be subject to federal estate taxes. Estate planning attorneys can help minimize tax burdens through gifting strategies and trust creation.

How to Choose an Estate Planning Attorney in Florida

Choosing an estate planning attorney in Florida is a pivotal decision that can shape the future of your estate and ensure your wishes are carried out. With Florida’s unique laws surrounding homestead property, probate, and tax implications, it’s essential to work with an attorney who understands these complexities. The right professional will not only craft a tailored plan but also provide peace of mind for you and your loved ones.

Look for Local Expertise

Florida has specific legal requirements for estate planning, including its homestead property rules and the use of tools like ladybird deeds. Seek an attorney with extensive knowledge of Florida’s estate laws to ensure your plan complies with state regulations and addresses your unique needs.

Prioritize Communication

Effective estate planning involves making critical decisions about your assets, healthcare, and legacy. Choose an attorney who takes the time to explain complex legal concepts in simple terms, ensuring you feel informed and confident throughout the process. Transparency about costs and timelines is equally important.

Consider Customization

A one-size-fits-all approach doesn’t work for estate planning. Your attorney should take the time to understand your personal circumstances—whether that involves protecting homestead property, creating a trust for minor children, or ensuring tax efficiency—and provide solutions tailored to your goals.

Assess Long-Term Support

Life circumstances change, and so do estate planning laws. Select an attorney who offers ongoing support to update your plan as needed, ensuring it remains effective as your life evolves.

What Sets Oath Law Apart

Oath Law takes a unique, client-centered approach to estate planning, offering services designed to simplify the process and provide clarity every step of the way.

• Specialized Expertise: With a focus solely on estate planning, Oath Law crafts tailored solutions to meet each client’s specific needs and goals.
• Education and Empowerment: Through free workshops, Oath Law empowers clients with the knowledge needed to make informed decisions about their estate.
• Transparent Pricing: With flat-fee pricing, you’ll know exactly what to expect—no surprise costs or hourly fees.
• Nationwide Reach with Local Expertise: Serving clients nationwide, Oath Law combines a strong understanding of local laws with a personalized, caring approach.

Selecting an estate planning attorney is one of the most important steps you can take to secure your family’s future. Oath Law’s experienced team is here to provide the guidance and support you need. Contact our Florida office today to begin crafting a comprehensive estate plan that protects your legacy and reflects your wishes.

Florida Estate Planning

Creating a comprehensive estate plan in Florida is one of the most meaningful steps you can take to protect your loved ones and ensure your legacy. With Oath Law’s client-centered approach, flat-fee pricing, and deep understanding of Florida’s estate planning laws, you can confidently navigate the process and enjoy peace of mind. Contact Oath Law today to begin your journey toward a secure future for your family.