Estate Planning in Florida: Wills, Trusts, Homestead and Probate
People searching for Florida estate planning usually want three things: to keep their family out of a drawn-out probate, to protect the home, and to be sure the plan survives Florida's rules. The work lies in the formalities, the homestead restrictions and the probate deadlines, not in state estate tax.
Aaron Bedy, admitted to The Florida Bar and the State Bar of Georgia, handles wills, trusts, probate and estate administration, including matters with property or heirs in more than one state.
Where Florida estate plans succeed or fail
Florida collects no estate tax for deaths after 2004, and Article VII, section 5 of the Constitution limits state estate and inheritance taxes to the federal credit amount. Formalities decide the rest. A will needs the testator's signature at the end and two attesting witnesses who sign in the presence of the testator and each other (s. 732.502). A Florida resident's revocable trust is invalid as to its death-time provisions unless signed with those same formalities (s. 736.0403(2)(b)).
Homestead is where plans break. If you are survived by a spouse or minor child, the home cannot be devised to anyone else, and a trust holding it is treated as a devise (s. 732.4015). It may pass to a spouse if there is no minor child. If it is not validly devised, a spouse with descendants takes a life estate with a vested remainder to the descendants, or elects within 6 months of death an undivided one-half interest (s. 732.401). A spouse may also elect 30 percent of the elective estate (s. 732.2065).
Probate runs on short clocks. Creditors must file within 3 months after first publication of notice, or 30 days after service if later, and claims are cut off 2 years after death (ss. 733.702, 733.710). Summary administration is available when the non-exempt estate is $150,000 or less, a limit raised from $75,000 effective July 1, 2026 (s. 735.201; ch. 2026-57), or when the decedent died more than 2 years ago.
Wills and Revocable Trusts
Documents executed to Florida's formalities, with funding instructions so assets pass outside probate.
Homestead-Aware Planning
Plans for blended families and second marriages that work within s. 732.4015 and the spousal rights in the Probate Code.
Probate and Summary Administration
Opening and administering Florida estates, including creditor notice and the claims deadlines.
Powers of Attorney and Health Care Surrogates
Powers signed with two witnesses and a notary (s. 709.2105), separately initialed gift and trust powers (s. 709.2202), and surrogate designations (s. 765.202).
Do I need a trust to avoid probate in Florida?
A funded revocable trust keeps the assets titled in it out of probate, but it must be signed with will formalities to be valid at death (s. 736.0403(2)(b)). Smaller estates may qualify for summary administration (s. 735.201). Which route fits depends on what you own and who inherits.
Can I leave my Florida home to anyone I choose?
Not if you leave a spouse or minor child. The home cannot then be devised to others, whether by will or by trust (s. 732.4015). With no minor child, you may devise it to your spouse. Otherwise it descends by statute (s. 732.401), which may not match your plan.
I signed my will in another state. Is it valid in Florida?
A will signed by a nonresident is valid in Florida if valid where it was executed (s. 732.502(2)). Validity is only the first question. If you now live in Florida, the homestead and elective share rules apply, and a nonresident personal representative you named may be disqualified unless related to you (s. 733.304).
How long do creditors have to claim against a Florida estate?
The later of 3 months after first publication of the notice to creditors or 30 days after service on a known creditor, and in every case 2 years after death (ss. 733.702, 733.710).
Facing an estate planning question in Florida?
The first consultation is confidential, and we respond within one business day. Tell us about your family and your property, and we will tell you what Florida law does with them.