Estate planning in Florida involves more than just a will. Trusts, powers of attorney, healthcare directives, and probate planning all work together to protect your assets and family. Florida has its own statutes governing each — and getting the details right matters.
Note: Florida estate planning laws are specific to state residents. If you recently moved to Florida or own property in multiple states, your existing documents may need to be updated to comply with Florida law.
If you die without a will in Florida (intestate), your assets are distributed according to Florida’s intestacy laws — which may not match your wishes. A will lets you control who receives your property, who raises your minor children, and who manages your estate.
Wills
Why You Should Create a Will Before It’s Too Late
Why Most Americans Don’t Have a Will — and Why 2025 Might Change That
A will goes through probate — a public court process. A trust can transfer assets privately and outside of probate. Trusts can also manage assets for minor children or beneficiaries with special needs, and can provide protections a will cannot.
Understanding the Differences Between Wills and Trusts in Florida
Trusts
Probate is the court-supervised process of distributing a deceased person’s estate. It is public, can take 6–18 months, and involves filing fees and attorney costs. Assets held in a trust, jointly titled, or with named beneficiaries generally avoid probate.
A guardianship is a court-supervised arrangement where one person is appointed to manage the personal or financial affairs of someone who cannot do so themselves — typically due to incapacity, disability, or being a minor with assets.
Related reading:
Florida Inheritance Laws: Key Aspects to Consider When Drafting Your Will
Creating a Will Before Mental Capacity Becomes an Issue
Last Will and Testament
Related reading:
The Importance of Choosing the Right Trustee
Orlando Living Trust Attorney
How to Navigate Estate Planning for Blended Families in Florida
Related reading:
Probate Administration
Summary Administration
Related reading:
Why Estate Planning Matters More Than You Think
How a Florida Estate Planning Lawyer Can Protect Your Legacy
Florida Bar note: This page is for general information and does not create an attorney-client relationship. Every case is different, and the best next step depends on the specific facts of your situation.
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