Estate planning is not just about what happens when you die — it also covers what happens if you become incapacitated, who makes decisions for you, and how your assets are managed and transferred. Florida has specific statutes governing each document and process. The right combination depends on your assets, family situation, and goals.
Note: Estate planning documents must meet Florida’s specific execution requirements — improper witnessing or notarization can render a document invalid. Work with a Florida-licensed attorney to ensure documents are properly executed.
A will (Last Will and Testament) is a legal document that directs how your assets are distributed after death, names a personal representative (executor), and can designate a guardian for minor children. In Florida, a will must be signed by the testator and two witnesses.
Wills
Last Will and Testament
Why You Should Create a Will Before It’s Too Late
A trust holds assets for the benefit of named beneficiaries and is managed by a trustee. Living trusts (revocable trusts) are the most common and allow assets to pass outside of probate. Irrevocable trusts offer additional asset protection and tax planning benefits.
Trusts
Orlando Living Trust Attorney
The Importance of Choosing the Right Trustee
Probate is the court-supervised process of administering a deceased person’s estate — validating the will, paying creditors, and distributing assets to beneficiaries. Florida offers formal administration and a simplified summary administration for smaller estates.
When disputes arise over a will or estate — will contests, challenges to the personal representative, creditor disputes, or beneficiary disagreements — probate litigation handles these matters in court.
A guardianship is a court-supervised arrangement where a guardian is appointed to manage the personal or financial affairs of an incapacitated adult or a minor with assets. Florida distinguishes between guardian of the person and guardian of the property.
A living will states your wishes regarding end-of-life medical treatment. A healthcare surrogate designation names someone to make medical decisions on your behalf if you are incapacitated. Both are separate from your Last Will and Testament.
A will goes through probate — a public court process that takes time and costs money. A trust transfers assets privately, outside of probate, and can provide ongoing management of assets for beneficiaries.
Understanding the Differences Between Wills and Trusts in Florida
Yes. Florida allows will contests on grounds including lack of testamentary capacity, undue influence, fraud, or improper execution. Contest must typically be filed within 90 days of receiving notice of administration.
Yes — significantly. Blended families often need trusts, specific beneficiary designations, and careful planning to ensure assets go to the right people. Florida’s elective share laws also affect what a surviving spouse can claim.
How to Navigate Estate Planning for Blended Families in Florida
Incapacity planning — powers of attorney, healthcare surrogates, and living wills — matters at any age. Without these documents, your family may need to go to court to make decisions on your behalf.
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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