Estate Planning Guide
Estate Planning in Florida: A Complete Guide
Here's what surprises most Florida residents when they first sit down with an estate attorney — the rules here aren't what most people expect. Florida is a top retirement destination for good reason — no state income tax, no state estate tax, and strong homestead protections. But Florida's homestead laws are unusually complex and can override a will in surprising ways.
Florida Probate
Florida probate can take 12-24 months and involves Circuit Court supervision. Formal administration requires a probate attorney. Summary administration is available for estates under $75,000 or where the person has been dead more than 2 years. Many Floridians use living trusts to avoid probate.
Florida Estate Tax
Florida has no state estate tax. Federal estate tax applies to estates over $13.61 million (2024). Florida's lack of estate and income taxes makes it highly attractive for retirees from high-tax states.
Key facts for Florida residents
These are the things that genuinely matter when you're building an estate plan in Florida — the details that affect your family directly.
- 1
No Florida state estate tax (federal estate tax applies above $13.61M)
- 2
Florida homestead laws provide strong creditor protection for primary residence
- 3
Florida homestead law RESTRICTS who you can leave your home to — major planning issue
- 4
Probate required for assets over $75,000 or any real estate held individually
- 5
Florida has two probate processes: formal administration and summary administration (under $75K)
What makes Florida different
Every state has quirks that can trip you up. These are the considerations that are specific to Florida— and the ones most people don't find out about until it's too late.
Homestead law: if married or have minor children, you CANNOT freely leave your home to anyone else — even in your will
Save Our Homes assessment cap and portability rules require planning when moving homes
Lady Bird deeds (enhanced life estate deeds) popular to pass real property outside probate
Elective share: surviving spouse entitled to 30% of elective estate regardless of will
New residents from community property states must retitle assets under Florida law
Documents most used in Florida
These are the documents Florida families rely on most. Having them in place gives your family clarity and protects your wishes.
Revocable Living Trust
Pour-Over Will
Designation of Health Care Surrogate
Living Will
Durable Power of Attorney
Lady Bird Deed (Enhanced Life Estate Deed)
Start documenting your legacy
No matter what state you live in, the most important step is starting. Our AI-guided tools help you create the documents your family needs — in plain language, at your own pace.
Frequently asked questions about estate planning in Florida
Does Florida have a state estate tax?
No — Florida has no state estate tax and no state income tax. The federal estate tax applies only above $13.61 million (2024). Florida is one of the most tax-favorable states for estate planning in the country.
What is Florida's Homestead Exemption and how does it affect estate planning?
Florida's homestead law is one of the strongest in the country. It protects your primary residence from most creditors during your lifetime and restricts how you can transfer it at death. If you have a spouse or minor children, you cannot freely devise your homestead — specific rules apply.
How does Florida probate work?
Florida has formal and summary administration probate procedures. Summary administration is available for estates under $75,000 or when the decedent has been dead more than 2 years. Florida's probate can be expensive due to attorney fee guidelines (typically 3% on the first $1M), making trusts highly recommended.
Can a non-resident serve as my executor in Florida?
Florida restricts out-of-state executors. Only Florida residents, or close relatives (spouse, adult children, siblings, parents) regardless of residence, can serve as executors. This is important if you're naming someone from another state.
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Important disclaimer
This content is for general informational purposes only and does not constitute legal, tax, or financial advice. It was created with the assistance of AI and may contain inaccuracies. State laws change frequently — always consult a qualified attorney or financial advisor in Florida before making estate planning decisions.