Every adult in Florida needs at least five core estate planning documents: a last will and testament, a durable power of attorney, a designation of health care surrogate, a living will, and a HIPAA authorization. Most people who own a home, have meaningful assets, or want to spare their family a public probate proceeding should add a sixth: a revocable living trust. Together these documents decide who manages your affairs if you become incapacitated, who inherits your property, and how much of your estate gets eaten up by court costs and delay.
I’ve sat across the table from hundreds of Palm Beach County families who learned the hard way what happens when these documents are missing or were signed casually in another state decades ago. Below is the framework I walk new clients through, written for the reality of life in Florida and, especially, for the snowbirds and retirees who split their year between here and somewhere colder.
Why Florida residency changes your estate plan
If you moved to Florida from New York, New Jersey, Ohio, or Canada, your old documents are not automatically void here, but they are not optimized for Florida law either. A will validly executed in another state is generally honored under Florida Statutes section 732.502(2), but there’s a trap: an out-of-state will that is not “self-proving” can force your executor to track down witnesses for the probate court. Worse, if your old will names an out-of-state relative as personal representative, Florida law may disqualify them.
Florida Statutes section 733.304 only allows a non-resident to serve as your personal representative if they are a close relative by blood, marriage, or adoption. Your trusted best friend back in Boston cannot serve as your executor in a Florida probate. That single rule trips up snowbirds constantly. Establishing Florida domicile, and rewriting your documents to match, also protects two of the most valuable benefits in the country: Florida’s homestead protections and the absence of any state estate or inheritance tax.
The five documents every Florida adult needs
These are non-negotiable. Whether you are 25 and single or 75 and managing a blended family, this is the floor.
1. Last will and testament
Your will directs who receives your probate assets, names a personal representative to administer your estate, and, critically, lets you nominate a guardian for minor children. Under Florida Statutes section 732.502, a valid will must be in writing, signed by you, and witnessed by two people who sign in your presence and in the presence of each other. Florida does not recognize handwritten (holographic) wills unless they meet these same witnessing formalities, no matter how clear your intentions were.
Make your will self-proving by attaching a notarized affidavit under section 732.503. This small step lets the will be admitted to probate without your witnesses having to appear years later, when they may have moved, lost capacity, or passed away.
One honest caveat: a will alone does not avoid probate. It is simply your instruction set for the probate court. If avoiding that court process is your goal, keep reading.
2. Durable power of attorney
This is the most powerful, and most dangerous, document in the stack. A durable power of attorney lets an agent you name manage your finances, bank accounts, real estate, and bills if you cannot. “Durable” means it survives your incapacity, which is precisely when you need it.
Florida’s power of attorney rules were overhauled in 2011 and are among the strictest in the country. Under Florida Statutes Chapter 709, a POA takes effect immediately upon signing; Florida abolished the old “springing” POA that only activated upon incapacity. Certain powerful authorities, such as the right to make gifts or change beneficiary designations, must be initialed separately by you on the document itself. A generic form pulled off the internet routinely omits these “superpowers,” leaving your agent unable to do basic Medicaid or tax planning when it matters most.
3. Designation of health care surrogate
Governed by Florida Statutes Chapter 765, this document names a person to make medical decisions for you and to access your medical records. A 2015 amendment allows you to give your surrogate authority that takes effect immediately, so they can speak with your doctors and coordinate care even before you’re declared incapacitated. For an aging parent, that’s the difference between a smooth hospital admission and a frantic phone call to a lawyer.
4. Living will
A living will is your statement about end-of-life care, your instructions on life-prolonging procedures if you have a terminal condition, an end-stage condition, or are in a persistent vegetative state. It spares your spouse and children the anguish of guessing what you would have wanted. In Florida, this is a separate document from the health care surrogate designation, and you want both.
5. HIPAA authorization
Federal privacy law can lock your own family out of your medical information. A standalone HIPAA release authorizes named individuals to receive your health data, which keeps your surrogate and adult children in the loop even before a crisis becomes an emergency.
- Last will and testament — directs inheritance, names your personal representative and guardians.
- Durable power of attorney — financial decision-making during incapacity.
- Designation of health care surrogate — medical decision-making and records access.
- Living will — your end-of-life treatment wishes.
- HIPAA authorization — releases medical information to people you trust.
The sixth document most Florida homeowners need: a revocable living trust
If you own a home in Palm Beach, hold a brokerage account, or own property in more than one state, a revocable living trust usually belongs in your plan. The reason is simple: assets titled in a properly funded trust pass to your beneficiaries without probate. No public court file, no waiting months for letters of administration, and no separate ancillary probate in each state where you own real estate.
That last point matters enormously for snowbirds. Without a trust, the cottage up north and the condo down here can each require their own probate, in two different states, under two different courts. A single living trust holding both properties collapses that into one private administration.
Trusts also do things a will cannot. They let you stagger an inheritance for a young or financially fragile beneficiary, plan for a second marriage, or provide for a loved one with a disability without jeopardizing public benefits. For families with a child or grandchild who receives SSI or Medicaid, a properly drafted can preserve those benefits while still leaving an inheritance, a structure our colleagues handle daily for clients with ties to New York. If you want a deeper primer on how these vehicles work and which type fits your situation, our affiliated attorneys maintain a thorough overview of .
One warning I repeat to every client: an unfunded trust is useless. Signing the trust document is only half the job. You must actually retitle your home, accounts, and other assets into the trust’s name. A trust that was never funded sends your estate straight back to probate, which is the exact outcome you paid to avoid.
What happens in Florida if you have nothing
Die without a will in Florida, and the state’s intestacy statutes (Florida Statutes Chapter 732) write your plan for you. The results often surprise people. If you’re married with children from a prior relationship, your surviving spouse does not automatically take everything; the estate is split with your descendants. Stepchildren you helped raise but never adopted inherit nothing. An unmarried partner of twenty years receives nothing at all. The court, not you, decides.
And without a durable power of attorney or health care surrogate in place, incapacity leads to a court-supervised guardianship under Florida Statutes Chapter 744, an expensive, public, and slow proceeding where a judge appoints someone to control your money and your medical care. Done right, your documents make a guardianship unnecessary.
Common mistakes I see in Palm Beach
- The drawer plan. Documents signed in 1998 in another state, never updated, naming a deceased spouse or an out-of-state executor Florida won’t allow.
- The DIY power of attorney. A downloaded form missing the separately-initialed powers Florida’s Chapter 709 requires, so the agent can’t actually help.
- The empty trust. A beautiful trust binder on the shelf with the house still titled in the couple’s individual names.
- Stale beneficiary designations. Your will doesn’t override the beneficiary on your IRA, 401(k), or life insurance. An ex-spouse named in 2005 will inherit unless you change the form, regardless of what your will says.
- Ignoring homestead. Florida’s constitutional homestead restrictions limit how you can leave your primary residence if you have a spouse or minor child. Plans drafted elsewhere routinely violate them.
How to get started
You don’t need a complicated estate to need an estate plan. You need the five core documents at a minimum, and most homeowners benefit from a living trust on top. The goal is a coordinated set of documents that work together under Florida law, account for your homestead, and name people Florida courts will actually accept.
Our team helps Palm Beach retirees and seasonal residents build these plans from the ground up, and we coordinate with families who keep ties up north. You can review our , read more about Florida wills and what to expect from Florida probate, or simply reach out for a consultation to find out which documents your situation truly requires.
This article is general information about Florida law, not legal advice for your specific situation. Estate planning documents should be prepared with a licensed Florida attorney.
Frequently Asked Questions
What estate planning documents does every Florida adult need?
At minimum, five: a last will and testament, a durable power of attorney, a designation of health care surrogate, a living will, and a HIPAA authorization. Most Florida homeowners should also add a revocable living trust to avoid probate. Together these documents control who manages your finances and medical care during incapacity and who inherits your property at death.
Is my out-of-state will valid in Florida?
Generally yes. Under Florida Statutes section 732.502(2), a will validly executed in another state is honored in Florida. But there are pitfalls: an out-of-state will that isn’t self-proving can complicate probate, and Florida Statutes section 733.304 may disqualify the non-relative executor you named. Snowbirds who establish Florida residency should have their documents reviewed and updated.
Do I still need a will if I have a living trust?
Yes. Even with a funded revocable living trust, you want a ‘pour-over’ will to catch any assets you forgot to retitle and, if you have minor children, to nominate a guardian, which a trust cannot do. The will and trust work together as a coordinated plan.
Will an estate plan help me avoid probate in Florida?
A will by itself does not avoid probate; it simply tells the probate court how to distribute your assets. To avoid probate you generally need a properly funded revocable living trust, along with beneficiary designations and joint titling where appropriate. An unfunded trust sends your estate right back to probate.
What happens if I die without these documents in Florida?
Florida’s intestacy laws under Chapter 732 decide who inherits, often with surprising results for blended families, stepchildren, and unmarried partners. And without a durable power of attorney or health care surrogate, incapacity can trigger a costly court-supervised guardianship under Chapter 744. Having the documents in place keeps those decisions yours.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
For more on our Florida practice, see our overview of Florida estate planning. Morgan Legal Group's affiliated New York office also handles .
