Florida Estate Planning Law

Estate planning in Florida creates the legal documents that control how assets are managed during incapacity and distributed after death. A properly structured plan avoids probate, minimizes taxes, protects beneficiaries, and ensures property reaches the intended recipients.

Florida imposes no state income tax, no inheritance tax, and no estate tax. Strong homestead protections make the state one of the best places to plan an estate—but these benefits apply only when the right documents are in place.

Living Trusts

A living trust is the foundation of most Florida estate plans. The trust holder transfers assets into the trust during life, serves as the initial trustee, and names a successor trustee who takes over during incapacity or at death. Assets held in the trust bypass probate entirely, remain private, and can be distributed to beneficiaries within weeks rather than the months or years that probate requires.

A living trust also handles incapacity. If the trust holder becomes unable to manage affairs, the successor trustee steps in immediately without the expense and delay of court-supervised guardianship. For anyone with assets beyond a single home, a living trust is typically the most effective estate planning tool available.

Creating a trust in Florida involves drafting the trust agreement, choosing a trustee, funding the trust with assets, and preparing supporting documents including a pour-over will and power of attorney.

Wills

A last will and testament directs how probate assets are distributed and names a personal representative to manage the probate process. A will also designates a guardian for minor children, which no other estate planning document can do. Every Florida adult needs a will, even those with a living trust, because a pour-over will catches any assets not transferred to the trust during life.

A will does not override every inheritance rule. Florida law guarantees a surviving spouse at least 30% of the augmented estate regardless of what the will says, and homestead property follows its own constitutional rules that a will cannot override. Without coordinated planning, default rules can produce results a couple never intended, particularly in blended families.

The key limitation of a will is that it goes through probate. Assets passing under a will are subject to court supervision, statutory attorney fees, and public disclosure. On a $500,000 estate, Florida statutory probate fees alone reach approximately $15,000.

Most estate plans include both a will and a trust. Whether a will or a trust is the better fit depends on estate size, privacy concerns, and whether the plan needs to address incapacity.

Incapacity Planning Documents

Three documents protect a person who becomes unable to make decisions independently: a durable power of attorney, a designation of health care surrogate, and a living will.

A durable power of attorney names an agent to manage financial affairs (paying bills, handling investments, accessing accounts) if the principal becomes incapacitated. Without one, family members must petition a court for guardianship, which is expensive and time-consuming.

A designation of health care surrogate names a person to make medical decisions when the patient cannot. Florida law requires a specific written form signed by the principal and two witnesses.

A living will states preferences about life-sustaining treatment. It tells physicians and the health care surrogate whether to continue or withdraw treatment when the patient is terminally ill or in a persistent vegetative state with no reasonable medical probability of recovery.

These three documents work alongside a living trust to form a complete incapacity plan. Without them, a family may need court intervention even if a trust handles the financial assets.

Avoiding Probate

Florida law provides several tools that bypass probate entirely: living trusts, lady bird deeds, beneficiary designations on financial accounts, and joint ownership with right of survivorship. Most effective estate plans combine multiple tools so that little or nothing passes through probate at death. Avoiding probate reduces costs, eliminates delays, and keeps the details of an estate private.

Motor vehicles are one of the most common assets families need to handle after a death. Florida Statute § 319.28 allows car title transfers after death without probate as long as the estate has no outstanding debts.

Lady Bird Deeds

A lady bird deed transfers Florida real estate to named beneficiaries at death while the owner retains full control during life, including the right to sell, mortgage, or revoke the deed. The property passes automatically outside of probate, and the beneficiaries receive a full stepped-up tax basis.

For homeowners whose primary estate planning concern is their residence, a lady bird deed is often the simplest and least expensive solution. Florida does not have a statutory transfer on death deed, but the lady bird deed serves as Florida’s functional equivalent and is widely recognized by courts, title companies, and recording offices throughout the state.

The differences between a lady bird deed and a living trust matter when deciding whether one or both are appropriate. The tax consequences of a lady bird deed are also an important consideration, particularly regarding the stepped-up basis, gift tax treatment, and Medicaid estate recovery.

Life Estate Deeds

Life estate deeds divide property ownership into a present interest (the life estate) and a future interest (the remainder). A traditional life estate deed gives the owner the right to possess the property during life but restricts the ability to sell or mortgage without the remainderman’s consent. An enhanced life estate deed (the lady bird deed) removes those restrictions. The two deed types have different tax consequences, different levels of owner control, and different implications for Medicaid planning.

Adding or Removing Names from Deeds

Florida property owners sometimes need to add or remove a name from a deed. Adding someone requires a new deed from the current owner. Removing someone requires voluntary cooperation from the person being removed. Both transactions have tax, homestead, and mortgage implications that merit evaluation before recording any document. In most situations involving parents and children, a lady bird deed is a better alternative than adding a child’s name to the deed.

Inheritance Tax and Estate Tax

Florida does not impose an inheritance tax or estate tax. The Florida Constitution prohibits both taxes, making the state one of the most favorable jurisdictions for wealth transfer. The federal estate tax still applies to very large estates, but the exemption is $15 million per person ($30 million for married couples) as of 2026 under the One Big Beautiful Bill Act. Fewer than 0.1% of estates nationwide owe any federal estate tax at the current exemption level.

How Much Does Estate Planning Cost in Florida?

A simple will in Florida costs between $250 and $600. A lady bird deed runs $400 to $1,000 including preparation and recording. A living trust package, which typically includes the trust, pour-over will, power of attorney, health care surrogate designation, and living will, costs between $1,500 and $4,500.

Plan Type	Typical Cost Range	What’s Included
Simple will	$250–$600	Will, possibly health care directive
Lady bird deed	$400–$1,000	Deed preparation and recording
Living trust package	$1,500–$4,500	Trust, pour-over will, power of attorney, health care surrogate, living will

A simple will is appropriate for individuals with straightforward situations where most assets pass through beneficiary designations or joint ownership. A lady bird deed addresses a single property. A living trust package covers everything (trust, will, powers of attorney, and health care documents) for anyone with multiple assets, out-of-state property, or complex family situations. The upfront cost of a living trust is substantially less than the probate fees it eliminates.

What an Estate Plan Does Not Do

A standard estate plan does not protect assets from creditors during the owner’s lifetime. A revocable living trust, will, and lady bird deed are all accessible to judgment creditors while the grantor is alive. Lifetime asset protection requires different tools, including Florida’s statutory exemptions, domestic asset protection trusts, or offshore trust structures depending on the level of protection needed.

A standard estate plan also does not reduce income taxes. A revocable living trust is a grantor trust for income tax purposes, meaning all trust income is reported on the grantor’s personal tax return. The trust provides no income tax advantage during the grantor’s lifetime.