Florida Estate Planning Checklist: Questions Every Family Should Ask
A health care surrogate makes medical decisions on your behalf if you’re unable to communicate. This document is often paired with a HIPAA release to allow access to medical records and help ensure your treatment preferences are followed.
A durable power of attorney authorizes someone you trust to handle your financial and legal affairs if you become incapacitated. Florida law requires specific language for it to be valid, and the authority is typically effective immediately unless otherwise limited.
Review your estate plan every 3 to 5 years, or anytime you experience a major life change such as marriage, divorce, the birth of a child, or a significant shift in assets. Keeping your plan updated helps avoid outdated instructions and unintended consequences.
Yes. Retirement accounts, life insurance, and bank accounts with named beneficiaries often pass outside of probate. Keeping these designations up to date ensures your assets go directly to the right people and stay aligned with your overall plan.
Every Florida estate plan should include a last will and testament, durable power of attorney, health care surrogate designation, living will, and up-to-date beneficiary designations. A revocable living trust is also highly recommended to avoid probate and provide greater control.
A revocable living trust helps avoid probate, protects your privacy, and ensures faster distribution of your estate. It also allows you to manage your assets during your lifetime and include provisions for minor children or special needs.
Estate Planning Checklist
A solid estate plan ensures your assets are protected, your wishes are honored, and your loved ones are not left with confusion or court battles. Whether you’re starting fresh or reviewing an existing plan, use this Florida-focused checklist as your guide.
1. Last Will and Testament
- Names your beneficiaries and outlines who receives your assets
- Appoints a personal representative (executor)
- Allows you to name guardians for minor children
- Must meet Florida legal requirements to be valid
2. Revocable Living Trust (Optional but Recommended)
- Helps avoid probate for most assets
- Allows you to manage and control assets during your lifetime
- Provides privacy and faster distribution of your estate
- Can include provisions for minor children or special needs
3. Durable Power of Attorney
- Names someone to handle your finances and legal matters if you become incapacitated
- Must be carefully drafted to comply with Florida law
- Grants authority immediately unless limited otherwise
4. Health Care Surrogate Designation
- Appoints a person to make medical decisions on your behalf
- Activates when you’re unable to communicate your wishes
- Often paired with a HIPAA release for access to medical records
5. Living Will (Advance Directive)
- States your wishes for end-of-life medical care
- Guides your family and doctors during critical situations
- Reduces stress on loved ones during emergencies
6. Beneficiary Designations
- Check all bank accounts, retirement plans, and life insurance policies
- Ensure beneficiaries are current and align with your estate plan
- These assets often pass outside of probate
7. Deeds and Property Titles
- Consider transferring real estate to your trust
- Confirm homestead protections under Florida law
- Joint ownership or life estate deeds may help avoid probate
8. Digital Assets and Online Accounts
- Prepare a list of logins and passwords for critical accounts
- Specify who has access and how digital assets should be handled
- Include email, cloud storage, social media, and online banking
9. Funeral and Final Wishes
- Outline burial, cremation, or memorial preferences
- Include organ donation wishes or pre-paid funeral plans
- Not legally binding in Florida unless included in legal documents
10. Annual Review or Life Event Updates
- Review your entire plan every 3 to 5 years
- Update after marriage, divorce, birth, or major asset changes
- Keep copies organized and accessible to trusted individuals
Download the Printable Checklist
A downloadable version of this checklist will be available soon.
Need Help Putting It All Together?
Attorney Brian P. Buchert offers customized estate planning services for Tampa families. No templates – just personal, legally sound documents built for your life and Florida law.
Estate planning in Florida involves creating legal documents and strategies to manage your assets during life and after death. The process typically begins with identifying your financial goals, family dynamics, and asset inventory. Key components of a comprehensive estate plan include a last will and testament, revocable living trust, durable power of attorney, healthcare surrogate designation, and a living will. These tools ensure that your wishes are respected, your loved ones are protected, and your estate avoids unnecessary probate delays or disputes.
The first step in estate planning is meeting with a qualified Florida estate planning attorney to evaluate your needs. After outlining your goals, the attorney drafts the necessary documents, reviews them with you, and ensures they are properly signed and witnessed according to Florida law. Your plan should be reviewed and updated periodically, especially after major life changes like marriage, divorce, or the birth of a child. A well-crafted estate plan offers peace of mind and ensures your legacy is passed on as you intended.