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Plan an estate in Florida
Last reviewed Oct 29, 2026 · How we check · Report a correction
Step 1: Make a will
Florida rule: Two witnesses. Notarized self-proof is optional. Unwitnessed handwritten wills are not valid.
- A will must be signed by the testator at the end and attested by two witnesses who sign in the testator’s presence and each other’s. Source: Fla. Stat. § 732.502, checked Oct 29, 2026.
- A will can be made self-proved with an acknowledgment and witness affidavits before a notary. Source: Fla. Stat. § 732.503, checked Oct 29, 2026.
- Florida does not accept unwitnessed handwritten (holographic) wills executed in Florida; they must meet the § 732.502 witness rule. Source: Fla. Stat. § 732.502, checked Oct 29, 2026.
Step 2: Financial power of attorney
- A power of attorney must be signed by the principal and by two subscribing witnesses, and acknowledged before a notary. Source: Fla. Stat. § 709.2105, checked Oct 29, 2026.
- A power of attorney is durable only if it contains the durability wording set out in the statute or similar words. Source: Fla. Stat. § 709.2104, checked Oct 29, 2026.
Step 3: Medical power of attorney / advance directive
Official form or source: Fla. Stat. § 765.203 suggested designation form (Florida Legislature)
- A health care surrogate designation must be signed in the presence of two adult witnesses; the surrogate cannot be a witness, and at least one witness must be neither the spouse nor a blood relative. No notary is required. Source: Fla. Stat. § 765.202, checked Oct 29, 2026.
- A suggested health care surrogate form is set out in the statute. Source: Fla. Stat. § 765.203, checked Oct 29, 2026.
Step 4: Decide how each asset passes
Transfer on death deed for real estate: No. Florida has no statute authorizing transfer on death deeds for real estate. Florida’s transfer-on-death law covers securities registrations (Fla. Stat. ch. 711), not land. Homeowners often use other tools, such as a revocable trust; homestead property also has special restrictions on how it can pass at death.
- Florida’s Uniform Transfer-on-Death Security Registration Act covers securities, not real estate. Source: Fla. Stat. ch. 711, checked Oct 29, 2026.
- Homestead property has constitutional restrictions on how it can be left at death. Source: Fla. Stat. § 732.4015, checked Oct 29, 2026.
Also review beneficiary designations on retirement accounts and life insurance, and POD/TOD designations on bank and brokerage accounts. How to avoid probate →
Step 5: Check estate tax
- Florida has no state estate tax or inheritance tax. Source: Florida Department of Revenue, checked Oct 29, 2026.
Documents to gather
- Signed will (original) and any codicils
- Financial power of attorney
- Health care directive / medical power of attorney
- Deeds and any recorded TOD deed
- Beneficiary designation confirmations
- A list of accounts, debts, insurance and digital accounts, kept where your executor can find it
When to get professional help
This site gives general legal information, not legal advice. Consider talking to a licensed attorney in the state if:
- someone may contest the will, or family members disagree;
- the estate owns a business, out-of-state real estate, or may owe estate tax;
- debts may be larger than the assets;
- you are unsure whether a deadline applies to you, or one may already have passed.
Many state and local bar associations run lawyer referral services; your probate court’s self-help page may list them.
Next: What happens after a death in Florida · All Florida rules