Frequently Asked Questions About Florida Estate Planning
Cost and Process Questions
How much does estate planning cost in Florida?
Basic will packages typically range from $900-$1,800, while comprehensive plans with trusts run $3,500-$10,000. However, proper planning often saves many times its cost by avoiding Florida probate (which averages 3-7% of estate value) and maximizing tax benefits.
Do I need a lawyer for estate planning in Florida?
While not legally required for basic documents, Florida’s strict execution requirements and unique laws (especially regarding homestead property and spousal rights) make professional guidance valuable for most people. Simple estates under $75,000 might work with careful DIY planning, but most benefit from attorney assistance.
How long does estate planning take?
The planning process typically takes 2-4 weeks from initial consultation to signed documents. This includes our initial meeting, document drafting, your review period, and the signing appointment. Rushing the process often leads to oversights.
When should I start estate planning?
The best time is now, regardless of age or wealth. Young adults need basic documents for incapacity, parents need guardianship plans, and older adults need comprehensive strategies. Life events like marriage, children, divorce, or significant asset acquisition should trigger immediate planning or updates.
Document and Strategy Questions
What is the difference between a will and a trust in Florida?
A will only takes effect after death and requires probate court proceedings. A trust operates during life and after death, avoiding probate entirely for assets placed in it. Trusts cost more initially but usually save money by avoiding probate costs and providing incapacity management.
What documents do I need for estate planning in Florida?
Most Floridians need five core documents: a will or trust, durable power of attorney, healthcare surrogate designation, living will, and HIPAA authorization. Parents of minors also need guardian designations, and many benefit from pre-need guardian declarations.
How does an estate plan help you avoid probate?
Estate plans avoid probate by restructuring asset ownership through revocable trusts, beneficiary designations, joint ownership, and transfer-on-death provisions. Assets you own individually must go through probate; everything else can bypass the court process entirely.
What is a Lady Bird deed in Florida?
A Lady Bird deed (enhanced life estate deed) lets you transfer real estate automatically at death while retaining complete control during life. It’s particularly useful for Florida homestead property, preserving creditor protection while avoiding probate.
Florida-Specific Questions
How does Florida homestead affect estate planning?
Florida’s homestead laws provide unlimited creditor protection but restrict how you can leave your primary residence. If survived by a spouse or minor children, you cannot freely devise homestead property—creating complex planning needs to avoid unintended life estates.
Does Florida have an estate tax?
Florida has no state estate or inheritance tax, making it attractive for estate planning. However, federal estate tax still applies to estates exceeding $13.99 million in 2025 (scheduled to drop to approximately $7 million in 2026).
What is elective share in Florida?
Florida’s elective share gives surviving spouses the right to claim 30% of the “elective estate,” which includes not just probate assets but also revocable trusts, joint accounts, and certain beneficiary designations. This right can only be waived through proper marital agreements.
Can I disinherit my spouse in Florida?
Generally no. Florida’s elective share and homestead rights protect surviving spouses regardless of will provisions. Disinheritance requires a valid prenuptial or postnuptial agreement with proper financial disclosure and legal representation.
Probate and Administration Questions
How long does probate take in Florida?
Formal probate administration typically takes 6-12 months minimum, with complex estates taking years. The process includes a mandatory three-month creditor claim period. Summary administration for smaller estates can complete in 2-4 months.
How much does probate cost in Florida?
Probate costs typically run 3-7% of gross estate value, including statutory attorney fees (starting at 3% for larger estates), personal representative fees, court costs, and miscellaneous expenses. A $500,000 estate often incurs $15,000-$35,000 in probate costs.
What assets go through probate in Florida?
Assets owned individually without beneficiary designations must go through probate. This includes real estate in your name alone, individual bank accounts, personal property, and business interests without succession planning.
Can you probate a will yourself in Florida?
No. Florida law requires attorney representation for most probate proceedings. Only personal representatives who are the sole beneficiary might handle certain limited matters pro se, but this rarely applies in practice.
Planning for Specific Situations
How do I protect my minor children in Florida?
Name guardians in your will for both personal care and property management (these can be different people). Create testamentary trusts to manage inheritances, as Florida requires court-appointed property guardians for minors inheriting over $15,000 outside of trust structures.
What if I own property in multiple states?
Multi-state property ownership often requires ancillary probate proceedings in each state. Placing out-of-state property in a revocable trust or using that state’s transfer-on-death options can avoid multiple probate proceedings.
How do I plan for incapacity in Florida?
Comprehensive incapacity planning includes a durable power of attorney for finances, healthcare surrogate designation for medical decisions, living will for end-of-life preferences, and potentially a revocable trust for asset management continuity.
Can I include my faith values in estate planning?
Absolutely. Estate planning can incorporate charitable giving, ethical wills, sharing life lessons and values, and distribution strategies aligning with religious teachings. At J. Perez Legal, PA, we help clients create plans reflecting both practical needs and spiritual values.
Maintenance and Updates
How often should I update my estate plan?
Review your plan every 3-5 years and immediately after major life events like marriage, divorce, births, deaths, or significant asset changes. Florida law changes periodically, making regular reviews important for continued effectiveness.
What happens if I move from Florida?
Florida estate planning documents generally remain valid in other states, but you should have them reviewed for compliance with your new state’s laws. Some strategies like homestead planning or Lady Bird deeds may need adjustment.
Do I need to update beneficiaries separately?
Yes. Beneficiary designations on life insurance, retirement accounts, and bank accounts override will provisions. Regular reviews ensure these align with your overall plan and current wishes.
Next Steps
How do I start estate planning?
Begin by inventorying your assets, considering your goals, and identifying who you want to handle affairs and inherit assets. Then consult with an experienced estate planning attorney who understands Florida’s unique laws and can create a customized plan for your situation.
Have more questions? Contact Juan Perez Legal, PA to schedule a consultation. We’re here to guide you through the estate planning process with both legal knowledge and faith-based wisdom, ensuring your family’s protection and your peace of mind.
“Whoever desires to love life and see good days, let him keep his tongue from evil and his lips from speaking deceit.” 1 Peter 3:10