Estate planning is important everywhere—but in Florida, it comes with its own unique set of rules and requirements. From homestead protections to specific guidelines around wills, trusts, and probate, the Sunshine State has laws that can greatly affect how your estate is handled. That’s why having a Florida-specific estate plan, guided by an experienced local attorney, is not just helpful—it’s essential.
For example, Florida has strong homestead laws that protect your primary residence, but those protections come with restrictions when passing property to someone other than a spouse or minor child. Without careful planning, your intentions might be overridden by state law. Similarly, Florida doesn’t have a state estate tax, but there are still key federal tax considerations to take into account when distributing assets to heirs.
Another important Florida-specific law is the requirement that wills be signed in the presence of two witnesses and a notary to be considered self-proving—otherwise, your family could face delays in probate. And speaking of probate, Florida’s probate process can be lengthy and public, which is why many families opt for a revocable living trust to simplify the transfer of assets and maintain privacy.
These are just a few examples of how Florida’s estate planning laws can impact your future and your family. A one-size-fits-all plan, or a DIY document pulled from the internet, may not hold up under Florida’s legal standards. That’s why working with a knowledgeable estate planning attorney is so important—they can tailor your plan to the laws that apply to you and ensure that every detail is covered.
As a parent or caregiver, you want to be confident that your children will be protected, your wishes respected, and your plan enforceable. Understanding Florida’s unique laws—and planning around them—is a critical step in building that peace of mind. A comprehensive, attorney-drafted estate plan is the best way to ensure your legacy is both secure and honored.