About Florida Estate Planning Laws
A complete plan should include a living will, healthcare surrogate designation, and a HIPAA release to ensure medical decisions and access are legally covered.
Florida has unique laws related to homestead property, probate procedures, and healthcare directives. These include protections for primary residences, no state estate tax, and specific rules for living wills and power of attorney documents.
You can avoid probate by using tools like revocable living trusts, beneficiary designations on accounts, and joint ownership with survivorship rights.
Yes. A last will and testament in Florida must go through probate court unless assets are held in a trust or passed directly to a beneficiary.
No. Florida does not impose a state-level estate tax, but federal estate tax laws may still apply depending on the value of your estate.
No. Since 2011, Florida no longer allows springing powers of attorney for most uses. Powers of attorney must be immediate and clearly grant specific authority.
Florida Estate Planning Laws
Understanding how Florida law impacts your estate plan is essential – especially in a state with unique rules around homestead, probate, and incapacity planning. At The Law Office of Brian P. Buchert, we help Tampa residents make legally sound decisions that protect their assets and ensure peace of mind for their families.
What Makes Florida Estate Planning Different?
- Homestead Laws – Florida protects your primary residence from forced sale, but there are limits on who you can leave it to.
- Probate Process – Florida probate can be slow and expensive without proper planning.
- Healthcare Directives – The state recognizes living wills, healthcare surrogates, and anatomical gifts.
- No Estate Tax – Florida doesn’t impose a state estate tax, but federal laws still apply.
Wills vs. Trusts Under Florida Law
A last will and testament is subject to probate in Florida, which can delay asset distribution. A revocable living trust can avoid probate and keep your affairs private.
- Wills must meet specific signing and witnessing requirements.
- Trusts need to be funded properly to be effective under Florida law.
We’ll help you decide which option best suits your family’s needs and long-term goals.
Florida Durable Power of Attorney Rules
In Florida, powers of attorney must be very specific to be valid. As of 2011, “springing” powers – which activate only upon incapacity – are no longer allowed for most uses.
- You must clearly authorize your agent to handle each type of transaction.
- Execution must follow exact statutory guidelines or risk invalidation.
Advance Medical Directives in Florida
A complete estate plan should include these health-related documents:
- Living Will – States your medical preferences in end-of-life situations.
- Designation of Healthcare Surrogate – Names someone to speak for you if you’re incapacitated.
- HIPAA Release – Gives your agents access to medical records when needed.
Does Florida Require Probate?
Florida requires probate for most assets not held in a trust or lacking a named beneficiary. However, small estates may qualify for summary administration.
To avoid probate in Tampa, consider:
- Establishing a revocable trust
- Designating beneficiaries on financial accounts
- Using joint ownership with rights of survivorship
Work with a Tampa Estate Planning Attorney
Attorney Brian P. Buchert helps families across Tampa navigate Florida’s legal landscape with clarity and confidence. Every estate plan is custom-built and legally compliant – focused around your specific circumstances.
We proudly serve Hillsborough, Pinellas, Pasco, and surrounding counties. Our office is conveniently located in Tampa.
The Law Office of Brian P. Buchert Is Here to Help
With over 15 years of experience, we make sure your plan works in life and in law. Whether you’re starting from scratch or updating documents, we’re ready to guide you.
Secure your future. Protect your legacy. Let’s make Florida law work for you.