If you live in Florida, your estate plan usually needs to do two things:
- Protect you while you’re living (especially if you’re sick or incapacitated), and
- Make it easy for the right people to handle things after you pass away.
While every family is different, most Florida estate plans rely on a core set of documents. Below is a practical guide to the essentials—and what each one actually does under Florida law.
1) Last Will and Testament
A will tells the court who should receive your probate assets and who should be in charge of wrapping up your estate (your personal representative, often called an executor in other states). It can also name a guardian for minor children.
Florida has very specific signing rules for a valid will. In general, a will must be signed (or acknowledged) in the presence of two witnesses, and the witnesses must sign in each other’s presence and in your presence.
A will is essential, even if you also use other tools (like trusts or beneficiary designations), because it often serves as the “backup plan” for anything that wasn’t handled elsewhere.
2) Revocable Living Trust (common, but not mandatory)
A revocable trust (sometimes called a living trust) can help assets pass to your beneficiaries without probate, and it can add structure for blended families, privacy, or long-term management.
Important note: a trust only does its job if it’s properly funded—meaning assets are retitled into the trust or otherwise coordinated with it.
Not everyone needs a trust, but many Florida families benefit from one depending on:
- Real estate and how it’s titled
- Privacy concerns
- Minor beneficiaries
- Second marriages/blended families
- Desire to simplify administration
3) Durable Power of Attorney (financial and legal decisions)
A durable power of attorney (DPOA) lets you choose someone (your “agent”) to handle financial and legal matters if you can’t. Think: paying bills, managing accounts, handling property issues, and working with insurance and institutions.
In Florida, “durable” generally means the power continues even if you later become incapacitated, but it needs clear language showing that intent.
Without a valid DPOA, your family may have to pursue a guardianship through the court to manage finances—often slower, more expensive, and more stressful.
4) Designation of Health Care Surrogate (medical decision-maker)
A Designation of Health Care Surrogate is Florida’s way of naming who can make medical decisions for you when you can’t.
Florida law specifically provides for naming a surrogate and outlines the authority a surrogate can have, including access to necessary health information to make decisions.
This document is especially important because medical providers and facilities typically want clear written authority before taking instructions from anyone other than the patient.
5) Living Will (your wishes for end-of-life care)
A living will communicates your wishes regarding life-prolonging procedures if you’re in certain medical circumstances and can’t speak for yourself. Florida recognizes living wills as part of its advance directive framework.
Your living will works alongside your health care surrogate designation:
- The living will speaks for you about your preferences
- The surrogate makes decisions and communicates with providers when you cannot
6) HIPAA Authorization / Medical Information Release (often bundled)
Even if you have a health care surrogate document, many plans include a separate HIPAA authorization so your trusted people can speak with medical providers and access information when needed—sometimes even before formal incapacity determinations.
Florida’s advance directive framework includes the ability for a surrogate/proxy to access health information needed to make decisions.
7) Preneed Guardian Designation (optional, but powerful)
Florida allows you to name a preneed guardian—someone you want the court to appoint if a guardianship ever becomes necessary.
Many people overlook this, but it can matter if:
- You’re concerned about family conflict
- You want to reduce uncertainty if incapacity occurs
- You want to clearly express who you do (and do not) want in charge
The Florida Bar also flags the preneed guardian designation as a planning tool, including for guardianship over you and/or your children, depending on circumstances.
8) Beneficiary Designations and “Transfer-on-Death” Tools (not a single document, but essential planning)
Some assets pass outside of your will based on how they’re titled or who is listed as beneficiary, such as:
- Life insurance
- Retirement accounts
- POD (payable-on-death) bank accounts
- TOD (transfer-on-death) registrations for certain securities
Florida statutes address POD accounts and transfer-on-death registration for securities, which is why it’s so important to keep designations current and coordinated with your overall plan.
A Florida-Specific “Must Know”: Homestead Rules Can Override Your Plan
Florida homestead law can restrict how your primary residence is passed if you’re survived by a spouse or minor child(ren). This is one reason Florida estate planning isn’t “plug-and-play”—your documents have to be coordinated with Florida’s rules.
A Simple Checklist (Most Common “Core” Set)
Many Florida residents start with:
- Will
- Durable Power of Attorney
- Health Care Surrogate
- Living Will
- HIPAA Authorization
- (Often) Revocable Trust
- (Optional) Preneed Guardian Designation
- Review of beneficiaries and account titling
When should you update these documents?
Consider reviewing your plan after:
- Marriage/divorce or a new partner
- Birth/adoption of a child
- A move to Florida (or out of state)
- Major changes in assets (home purchase, inheritance, business changes)
- A serious diagnosis or aging parent caregiving situation
Heidi S. Webb, Attorney at Law, proudly serves clients in Daytona Beach, Ormond Beach, Port Orange, and beyond with compassionate and comprehensive estate planning services. Let’s work together to protect what matters most to you. Contact her today to schedule a free consultation. Visit her page on Facebook, or see what her clients are saying to learn more about Heidi.
