Estate Planning in Florida: The Complete Document Checklist

Most Florida attorneys recommend five core documents for a complete estate plan. But "complete" depends on your family structure, property ownership, and whether you are planning for the first time or updating after a life change. Here is what you actually need — and what you can skip.

The Five Essential Documents

1. Last Will and Testament

Your will names who inherits your probate assets, who serves as personal representative (Florida's term for executor), and who you nominate as guardian for minor children. Under Florida Statute 732.502, it must be signed by you and two witnesses, all present together.

Who needs it: Everyone. Even if you have a trust, a pour-over will catches any assets that were not transferred into the trust during your lifetime.

2. Durable Power of Attorney

This authorizes someone to handle your financial affairs — paying bills, managing investments, filing taxes, accessing bank accounts — if you become incapacitated.

Under the 2011 Florida Power of Attorney Act, the document must be signed by you, two witnesses, and a notary. If you want your agent to perform separately enumerated actions such as creating an inter vivos trust; amending, modifying, revoking, or terminating your trust when the trust instrument permits agent action; creating or changing survivorship rights; creating or changing beneficiary designations, including POD/TOD designations; making gifts; waiving your right to be a beneficiary of a joint and survivor annuity, including a retirement-plan survivor benefit; or disclaiming property or powers of appointment, each needed power must be separately signed or initialed.

Who needs it: Everyone. Without a valid durable POA, your family may need to petition for court-supervised guardianship — a process that costs $4,000 or more and takes months.

3. Healthcare Surrogate Designation

Names who makes medical decisions for you when you cannot communicate. This is separate from a living will. Your surrogate handles the full range of medical decisions — from choosing a rehabilitation facility to authorizing surgery.

Who needs it: Everyone. Without a designation, Florida's statutory proxy list determines your decision-maker, and that list may not reflect your wishes.

4. Living Will

States your preferences for life-prolonging treatment when you have a terminal condition, end-stage condition, or are in a persistent vegetative state. This is a narrow instruction document, not a broad medical directive.

Who needs it: Anyone who wants to control end-of-life decisions rather than leaving them to a surrogate's judgment.

5. HIPAA Authorization

Grants named individuals access to your protected health information. Without this, HIPAA privacy rules can prevent even your spouse from accessing your medical records.

Who needs it: Everyone. Technically your healthcare surrogate can access records needed for decision-making, but a separate HIPAA authorization avoids delays and friction.

Beyond the Five: Additional Documents by Situation

Homeowners: Lady Bird Deed

If you own your primary residence and want it to pass outside probate, a Lady Bird deed transfers the property directly to a named beneficiary at death. You keep full control during your lifetime.

Skip if: You already have the home in a funded revocable trust.

Parents of Minor Children: Guardianship Nomination

You can nominate a preneed guardian of your minor child's person or property through a written declaration under Florida Statute 744.3046, including in your will. If both parents die without a nomination, the court decides.

Blended Families: Prenuptial/Postnuptial Agreement

Florida's homestead devise restriction applies when you are survived by a spouse or minor child. A direct devise to your spouse is permitted when no minor children survive you. A prenuptial or postnuptial spousal waiver is one tool for planning around this restriction, but it cannot waive a minor child's homestead rights.

Business Owners: Operating Agreement or Buy-Sell Agreement

An estate plan that does not address business succession leaves the personal representative making decisions about a business they may not understand. A buy-sell agreement establishes how ownership transfers at death.

Snowbirds: Multi-State Coordination

If you split time between Florida and another state, you may need estate planning documents that comply with both jurisdictions. A will executed in Florida must follow Florida's witness rules; Florida's out-of-state-will rule does not validate a holographic or nuncupative will merely because it was made elsewhere.

The Annual Review Calendar

An estate plan is not set-and-forget. Florida-specific deadlines and triggers require periodic attention:

• January 1: Confirm primary residency is established to secure the homestead tax exemption
• March 1: Deadline to file Form DR-501 for the regular homestead exemption with the county property appraiser
• March 1 of the year following purchase: Deadline to file Form DR-501T when claiming Save Our Homes portability
• After any life change (birth, death, marriage, divorce, property purchase): Review and update beneficiary designations, POA, healthcare surrogate, and will
• July 1 (annual audit): Verify that all bank and investment accounts have correct POD/TOD designations and that trust funding is current

The Florida Basic Estate Planning Kit walks you through each document, includes decision frameworks for the situation-specific tools, and provides an annual review calendar with Florida-specific deadlines.

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