Estate Law · Florida
Florida estate planning rules
State-specific rules that affect how your estate is distributed, how probate works, and what planning steps matter most for Florida residents.
- Florida intestacy gives the entire estate to your spouse when all children are mutualFlorida gives the entire intestate estate to a surviving spouse when all descendants are shared with the decedent and the spouse has no other descendants.
- Florida intestacy splits the estate when descendants are from prior relationshipsFlorida intestacy gives the surviving spouse only half the estate when any descendant is from a prior relationship. The other half goes to descendants.
- Florida protects spouses you marry after writing your willIn Florida, a spouse you marry after writing your will gets an intestate share unless the will excludes future spouses or a written agreement waives the right.
- Florida protects children born after you write your willFlorida gives children born or adopted after a will is signed an inheritance share unless the will provides for them or otherwise excludes after-born children.
- Florida does not recognize handwritten wills, even from other statesFlorida does not recognize holographic wills — handwritten unwitnessed wills are invalid for Florida domiciliaries, even if valid in another state.
- Florida self-proving affidavits eliminate the need for witness testimony at probateFL self-proving affidavit allows a will to be admitted to probate without witness testimony. Testator and witnesses sign before a notary at execution or later.
- Florida requires two witnesses present in the testator's presence and each other'sFL requires two witnesses to a will to be present in the testator's presence AND in each other's presence. The dual-presence rule is stricter than many states.
- Florida summary administration handles estates up to $75,000 or two years oldFL summary administration is available when the estate value (excluding exempt property) is $75,000 or less, OR when the decedent died more than two years ago.
- Florida allows estate disposition without any administration for the smallest estatesFL's disposition-without-administration handles the smallest estates — only exempt property plus recent funeral and medical bills, no probate required.
- Florida formal administration appoints a personal representative under court supervisionFL formal administration is the default for estates that don't qualify for summary procedures. A personal representative is appointed under court supervision.
- Florida durable power of attorney must list specific powers, not general grantsFL POAs require specific enumeration of powers — general grants don't authorize creating trusts or making gifts. The 2011 Act changed prior practice.
- Florida advance directives include separate documents for surrogate, living will, and DNRFL advance directives are separate documents: health care surrogate designation, living will, and DNR. Default surrogate hierarchy applies if none executed.
- Florida's constitution restricts how you can leave your homestead in your willFL's constitution restricts homestead devise: cannot be willed away if survived by spouse or minor child. Violating wills are partially overridden by law.
- Florida's elective share gives a surviving spouse 30% of the augmented estateFL's elective share gives the surviving spouse 30% of an augmented elective estate that includes probate and non-probate transfers. Strict time limits apply.
- Florida pays a family allowance to the surviving spouse and dependents during administrationFL pays a family allowance up to $18,000 during administration for the surviving spouse and dependents. Additive to elective share and exempt property.
- Florida pretermitted-spouse rights interact with the elective shareFlorida pretermitted-spouse rights and elective share rights are independent protections. A surviving spouse can typically choose the more advantageous outcome.
- Florida has no state estate tax — but snowbirds maintaining domicile elsewhere face trapsFL has no state estate tax, but snowbirds with ties to NY/NJ may be deemed domiciled in higher-tax states. Domicile is fact-based; full severance is essential.
- Florida homestead provides Save Our Homes assessment caps and portabilityFlorida Save Our Homes caps homestead assessment increases at 3% annually. Up to $500,000 of accumulated differential can be ported to a new Florida homestead.
- Florida QPRTs require special handling because of constitutional homestead protectionsFL QPRTs interact with constitutional homestead protection. Standard structures may lose creditor protection and Save Our Homes; specialized planning required.
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Check your situationThis information is educational, not legal advice. For complex situations, consult a licensed Florida attorney.