Understanding Florida Estate Planning Terms – FAQs for Everyday Families
Dying intestate means you passed away without a valid will. In that case, Florida law decides who inherits your estate, which may not match your personal wishes or family dynamics.
Yes. In Florida, the term “personal representative” is used instead of “executor,” but both refer to the person responsible for managing and distributing the estate according to a will.
A healthcare surrogate is a person you legally authorize to make medical decisions for you if you become incapacitated. This role is separate from a financial power of attorney.
A will goes through probate court and becomes public record, while a revocable trust avoids probate, remains private, and allows assets to pass directly to beneficiaries. A trust also lets you manage assets during your lifetime and after death.
A fiduciary is anyone legally obligated to act in someone else’s best interest. Common examples include trustees, executors (personal representatives), and agents named in a power of attorney.
Knowing the language of estate planning empowers you to make informed decisions, avoid confusion, and better protect your family. It ensures your documents are used properly and your intentions are honored.
This glossary explains common estate planning and probate terms used throughout Florida legal documents and processes. Whether you are creating a will or acting as a trustee, understanding the language makes everything easier and less intimidating.
Common Estate Planning Terms in Florida
- Administrator – A person appointed by the court to manage an estate when no executor or personal representative is named in the will.
- Asset – Anything owned that has value, including money, property, investments, and personal belongings.
- Beneficiary – A person or entity who will receive assets from a will, trust, life insurance policy, or retirement account.
- Durable Power of Attorney – A legal document that gives someone authority to handle financial matters even if the person becomes incapacitated.
- Estate – Everything a person owns at the time of their death, including real property, personal property, and financial accounts.
- Executor / Personal Representative – The individual named to carry out the terms of a will and manage the estate process in court.
- Fiduciary – A person who has a legal duty to act in the best interest of another, such as a trustee or personal representative.
- Grantor / Settlor – The person who creates a trust and transfers property into it.
- Guardian – A person legally appointed to care for a minor child or incapacitated adult.
- Healthcare Surrogate – Someone authorized to make medical decisions for you if you are unable to communicate or consent.
- Heir – A person who is entitled by law to receive a portion of an estate when there is no will.
- Intestate – Dying without a valid will. The court determines how assets are distributed based on Florida law.
- Living Will – A document that outlines your preferences for end-of-life care and life-sustaining treatment.
- Probate – The legal process through which a will is validated and an estate is administered under court supervision.
- Revocable Trust – A flexible trust that can be changed or canceled during the lifetime of the person who created it.
- Testator – A person who creates and signs a will.
- Trustee – The person or institution responsible for managing and distributing assets in a trust.
- Will – A legal document that outlines how your assets should be distributed after your death and who will care for minor children.
Need Help Understanding Your Plan?
Legal language can be confusing, but it does not have to be. Whether you are reviewing your documents or creating a new plan, our team can explain every part clearly so you know exactly what to expect and how your plan works.