Florida Estate Planning
If you own anything in Florida — a home, a retirement account, a child — you have an estate, and Florida law will decide what happens to it if you don't plan first. This 2026 guide walks through the five documents every Florida adult should have and shows how VoiceWill™ produces them from one voice conversation.
Five documents every Florida adult should have
A complete Florida estate plan is rarely one document — it is a coordinated set. Together they handle inheritance, incapacity, healthcare, and minor children.
- Last will and testament — names heirs, executor, and guardians for minor children
- Revocable living trust — avoids Florida probate for assets you fund into it
- Durable financial power of attorney — names who pays bills if you cannot
- Advance healthcare directive — names a medical proxy and end-of-life wishes
- Updated beneficiary designations on retirement, life insurance, and TOD accounts
Florida signing and witness rules at a glance
Florida requires two adult witnesses for a will and, for most Florida POAs and healthcare directives, additional notarization. Florida does not accept holographic (handwritten) wills.
Two witnesses required. One witness cannot be a spouse or blood relative.
Florida probate and how to avoid it
Florida probate is the court-supervised process of validating a will, paying debts, and distributing assets. It is public record, can take many months, and costs filing fees plus (in larger estates) executor and attorney fees. Families avoid probate by funding a revocable living trust, naming TOD/POD beneficiaries on accounts, and titling real estate appropriately.
Estate taxes for Florida residents
The federal estate-tax exemption is set very high in 2026 and most Florida families never pay federal estate tax. A handful of states levy their own estate or inheritance taxes — check whether Florida currently does and at what threshold, especially if you own real estate in more than one state. VoiceWill™ flags whether your estate may need professional review.
Building your Florida estate plan with VoiceWill™
VoiceWill™ replaces a four-hour intake form with a friendly voice conversation. You answer questions out loud; Vera assembles a Florida-compliant will, trust, POA, and directive, plus signing instructions specific to Florida law. The whole conversation usually takes under an hour, and you can re-run it any time life changes.
Frequently asked questions about Florida estate planning
What documents do I need for Florida estate planning?
Most Florida adults need a will, a revocable living trust, a durable power of attorney, and an advance healthcare directive — plus current beneficiary designations on retirement and life insurance accounts.
How long does Florida probate take?
Simple Florida probates can close in 4–6 months; contested or complex estates often take 12–18 months or longer. Funding a living trust keeps qualifying assets out of probate entirely.
Does Florida have an estate or inheritance tax?
Florida tax rules change. Confirm the current Florida estate or inheritance tax with a local attorney or CPA before relying on online summaries — federal exemption levels are not the same as state law.
Can I do Florida estate planning online?
Yes. VoiceWill™ drafts Florida-compliant documents from a guided voice conversation. Complex estates (blended families, special-needs heirs, multi-state real estate) should still review with a licensed Florida attorney.
What happens if I die without a will in Florida?
You die "intestate." Florida intestacy statutes pick your heirs in a fixed order — usually spouse and children first, then parents, siblings, and more distant relatives — regardless of what you would have wanted.
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