Most people put off estate planning because they do not know where to begin. The good news: for the vast majority of Florida residents, a complete plan comes down to a short list of documents and a handful of decisions. This checklist walks you through exactly what you need and the order to do it.
The five core documents in a Florida estate plan are: a last will and testament (or a revocable living trust plus a pour-over will), a durable power of attorney, a designation of healthcare surrogate, and a living will. Parents of minor children also use the will to name a guardian.
Step 1: Take Inventory of Your Assets
Before you can plan, you need to know what you own and how it is titled. Make a list of:
- Real property — your home, rental properties, and any out-of-state real estate
- Financial accounts — checking, savings, brokerage, and CDs
- Retirement accounts — 401(k), IRA, pensions (these pass by beneficiary designation)
- Life insurance — policy amounts and named beneficiaries
- Business interests — LLC membership, partnership, or corporate shares
- Personal property of value — vehicles, jewelry, collections, firearms
For each asset, note how it is titled (individual, joint, trust) and whether it has a beneficiary designation. This matters enormously: assets with valid beneficiary designations or joint ownership pass outside your will entirely.
Step 2: Decide Who Inherits and Who Decides
Estate planning is mostly a series of people decisions. You will need to choose:
| Role | What They Do | Florida Authority |
|---|---|---|
| Beneficiaries | Inherit your assets at death | Will or trust terms |
| Personal Representative | Administers your estate through probate | F.S. § 733.301–733.617 |
| Successor Trustee | Manages and distributes your trust at death or incapacity | F.S. Ch. 736 |
| Agent (Power of Attorney) | Handles your finances if you cannot | F.S. Ch. 709 |
| Healthcare Surrogate | Makes medical decisions if you cannot | F.S. § 765.202 |
| Guardian (minor children) | Raises your children if both parents die | F.S. § 744.3021 |
Always name at least one backup for every role. The most common planning failure is naming a single fiduciary who later dies, moves, or becomes unable to serve.
Step 3: Choose a Will-Based or Trust-Based Plan
This is the central fork in the road. Both approaches are valid; the right one depends on your assets and goals.
Will-Based Plan
A will directs who inherits your assets, but it does not avoid probate — your estate goes through the court-supervised process before assets distribute. A will-based plan can make sense for younger people with modest assets and no real property.
Trust-Based Plan
A revocable living trust holds your assets and passes them to beneficiaries without probate, privately and quickly. For most Florida homeowners — especially snowbirds with out-of-state property — a trust avoids both Florida probate and ancillary probate in other states. See our full comparison in Trust vs. Will in Florida.
Step 4: Don't Forget the Incapacity Documents
A will and trust handle what happens at death. But what if you are alive and unable to manage your affairs? Three documents cover incapacity:
- Durable Power of Attorney — authorizes your agent to handle financial and legal matters. Florida's POA statute (F.S. Ch. 709) requires specific signing formalities, including two witnesses and a notary.
- Designation of Healthcare Surrogate — names who makes medical decisions for you (F.S. § 765.202).
- Living Will — states your wishes about life-prolonging procedures (F.S. § 765.302).
Without these, your family may have to petition a Florida court for guardianship — an expensive, public, and stressful process that good planning entirely avoids.
Step 5: Execute Your Documents Correctly
Florida has strict execution formalities, and most DIY plans fail here. A valid Florida will must be signed by you in the presence of two witnesses, who must each sign in your presence and in each other's presence (F.S. § 732.502). A self-proving affidavit before a notary (F.S. § 732.503) lets the will be admitted to probate without locating the witnesses years later. Florida does not recognize handwritten (holographic) or oral wills (F.S. § 732.502(2)).
Step 6: Fund the Trust and Sync Your Beneficiaries
A trust only works if it is funded — meaning your assets are actually retitled into it. An unfunded trust is an empty box; the assets still go through probate. After signing, retitle your home, accounts, and other assets into the trust, and confirm that the beneficiary designations on your retirement accounts and life insurance match your overall plan.
When to Revisit Your Plan
Estate planning is not "set it and forget it." Review your plan every three to five years and after any major life event:
- Marriage or divorce (Florida automatically voids gifts to an ex-spouse on divorce — F.S. § 732.507)
- Birth or adoption of a child or grandchild
- Death of a beneficiary or named fiduciary
- A significant change in your assets or business
- Moving to or from Florida (homestead and execution rules differ by state)
Frequently Asked Questions
Related Reading
- Trust vs. Will in Florida — which approach is right for you.
- How to Make a Will in Florida — step-by-step on the will itself.
- How Much Does Estate Planning Cost in Florida? — what to budget.
Ready to Check These Boxes?
Answer a few questions online and Cornerstone will prepare your complete Florida estate plan — trust, will, power of attorney, and healthcare directives — reviewed by Arthur Simpson, Esq. before delivery.
Start Your Florida Estate Plan →This article is for general informational purposes and does not constitute legal advice. Estate planning is highly fact-specific. Consult a licensed Florida estate planning attorney regarding your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida.