Most people think of estate planning as a single document: the will. In Florida, a will is only one piece, and the documents people skip are often the ones their families need first. Here is the core set every Florida adult should have — framed around the mistakes that make each one fail.
1. A Florida-Compliant Last Will and Testament
Your will names who inherits, names a personal representative, and names a guardian for minor children. The most common mistake is execution. Florida (§732.502) requires the will to be signed by you and by two witnesses, all present together. A will is not legally valid in Florida if it is only signed and notarized without proper witnesses. Adding a self-proving affidavit before a notary spares your family the burden of locating witnesses later. A handwritten will without witnesses, valid in some states, is not enforceable here.
2. A Florida Durable Power of Attorney
This lets a trusted agent manage your finances if you cannot. Florida’s statute (Ch. 709) is strict: certain ‘superpowers,’ like making gifts or changing beneficiaries, must be separately initialed, and the document must be signed before two witnesses and a notary. A common mistake is using a generic online POA that a Florida bank later refuses. Just as important, a durable POA is only effective while you are alive — it cannot be used after death, and it does not avoid probate by itself.
3. A Designation of Health Care Surrogate
This names who makes medical decisions for you if you are incapacitated. Skipping it can force your family into a court guardianship proceeding to gain authority a single signed form would have granted. Pair it with a living will, which states your wishes about life-prolonging procedures, so your surrogate is not guessing.
4. A HIPAA Authorization
Without written authorization, providers may refuse to share your medical information even with close family. A short HIPAA release lets the people you choose actually get the information they need to help you.
5. A Revocable Living Trust (For Many, Not All)
A revocable trust (Ch. 736) holds your assets during life and distributes them at death without probate. The mistake here is the opposite of skipping it: people create a trust and then never fund it, leaving assets titled in their own name. An unfunded trust accomplishes almost nothing. For some Floridians, simpler probate-avoidance tools — beneficiary designations, payable-on-death accounts, or a Lady Bird deed for the homestead — do the job without a trust.
6. Up-to-Date Beneficiary Designations
Life insurance, retirement accounts, and annuities pass by beneficiary designation, not by your will. The mistake is treating the will as the master document. If your will and your beneficiary form disagree, the beneficiary form usually wins. Review these every few years and after any major life event.
What Happens If You Skip All of This
Die without a will in Florida and the intestacy statute (Ch. 732) decides who inherits, often in shares that surprise blended families. Become incapacitated without a durable POA and surrogate, and your loved ones may need a court-appointed guardian. These are the exact outcomes the documents above are designed to prevent.
The right combination of documents depends on your assets, your family, and your goals. Consult a licensed Florida estate planning attorney to assemble and properly execute a plan that holds up under Florida law.
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