A Practical Florida Estate Planning Checklist (And the Mistakes It Prevents)

Most estate plans don’t fail because someone skipped a document. They fail because of small, specific omissions—an outdated beneficiary form, a trust that was never funded, a power of attorney that wasn’t durable. This checklist is organized around the mistakes that quietly break Florida plans, so you can fix them before they matter.

1. A valid Florida will—signed the Florida way

You need a will that meets §732.502: signed at the end, two witnesses present together, ideally with a self-proving affidavit before a notary. Mistake to avoid: using an out-of-state or online form signed without proper witnessing. If you moved to Florida, have your existing documents reviewed—another state’s formalities don’t automatically satisfy ours.

2. A durable power of attorney

Under Chapter 709, Florida requires powers of attorney to be effective when signed—Florida does not recognize new “springing” POAs that activate only upon incapacity. The document must also specifically enumerate certain powers (like making gifts) rather than rely on general language. Mistake to avoid: assuming a generic POA covers everything; if the powers aren’t spelled out, your agent can’t use them when you’re incapacitated.

3. Health care directives

A designation of health care surrogate and a living will let someone make medical decisions and honor your end-of-life wishes. Mistake to avoid: leaving these out and forcing your family into a guardianship proceeding just to make routine medical choices.

4. Beneficiary designations that match your plan

Retirement accounts, life insurance, and payable-on-death accounts pass by beneficiary form, not by your will. Mistake to avoid: the ex-spouse who is still listed on a 401(k). Review every designation and confirm it agrees with the rest of your plan—these forms override your will every time.

5. The homestead question

Florida homestead (Art. X, §4) limits how you can leave your primary residence if you have a spouse or minor child, and it carries creditor protection that survives your death. Mistake to avoid: devising the home in a way the constitution forbids. For many owners, a Lady Bird (enhanced life estate) deed passes the home outside probate while keeping homestead benefits during life.

6. A revocable trust—if probate avoidance matters

A funded revocable trust under Chapter 736 can keep assets out of Florida probate (Chs. 733–735) and provide privacy and continuity. Mistake to avoid: creating the trust and never retitling assets into it. An unfunded trust does nothing; funding is the whole point.

7. Know which probate path applies

Florida offers summary administration for smaller estates or where the decedent died more than two years ago, and formal administration otherwise. Mistake to avoid: assuming your estate qualifies for the simple path when titling and size push it into formal administration. Plan titling now to keep the future process simple.

8. Guardianship for minor children

Name a guardian for minor children in your will, with a backup. Mistake to avoid: leaving the choice to a judge who never met your family.

9. Organize and tell someone

List your accounts, advisors, and document locations, and tell your named agents where to find everything. Mistake to avoid: a perfect plan no one can locate. Note that Florida has no state estate or inheritance tax, so your focus is logistics and access, not state death-tax filings.

A note on getting it right: Run through this list, flag every gap, and bring it to a licensed Florida estate planning attorney who can confirm each piece does what you intend under Florida law.