The Core Documents
- A will (on its own, or a pour-over will paired with a trust). Directs your property and names a guardian for minor children.
- A revocable living trust, if your situation calls for it, to avoid probate, add privacy, and manage incapacity.
- A durable power of attorney for your finances, with the specific "superpowers" a basic form leaves out (gifting, trust funding, Medicaid planning).
- A health care surrogate, living will, and HIPAA authorization for medical decisions.
- A pre-need guardian declaration (who would care for you, or your minor children, if needed).
- Documents for tangible personal property (the furniture, jewelry, and keepsakes that cause the most family friction).
- A deed for your home, often a lady bird deed or a deed funding it into your trust.
- A declaration of domicile, if you’ve recently become a Florida resident.
The Two Steps Almost Everyone Forgets
The documents are only half the job. The failures happen here:
- Funding the trust. A trust only avoids probate for assets you actually retitle into it. An unfunded trust does nothing, and your family ends up in probate anyway.
- Beneficiary designations. Your retirement accounts, life insurance, and pay-on-death accounts pass by their beneficiary forms, outside your will or trust. They must be reviewed and aligned, or they silently disinherit the people you intended.
Want all of this handled, coordinated, in one flat fee?
Book a free 30-minute consult. We build the complete plan and handle the funding and beneficiary audit too.
Book your free consultWill-Based or Trust-Based?
A will-based plan is simpler and cheaper and passes through probate; it works well for many families, especially with a lady bird deed on the home. A trust-based plan avoids probate, adds privacy, and handles incapacity; it fits larger or multi-state estates, blended families, and anyone wanting centralized management. Both include the same supporting documents. Compare the two →
What It Costs
Will-based plan from $1,200 individual / $1,950 couple. Trust-based plan $3,200 / $4,500. Single documents from $299. Flat fees, posted up front; government recording costs are additional, at cost. See full pricing →
Get the Florida Estate Plan Checklist (free PDF)
The one-page checklist for Florida households: every document you need, the Florida homestead and spousal rules that surprise people, and the two steps most plans forget.
We'll email the PDF and nothing else unless you ask. Downloading it does not create an attorney-client relationship; please don't send confidential details yet.
Frequently Asked Questions
What Documents Do I Need for Estate Planning in Florida?
A complete Florida plan is a coordinated set, not one document: a will (or a revocable living trust plus a pour-over will), a durable power of attorney for finances, a designation of health care surrogate, a living will, and a HIPAA authorization. Many people add a pre-need guardian designation, documents for tangible personal property, and, for homeowners, a deed (often a lady bird deed) for the home. New Florida residents should also record a declaration of domicile. The right combination depends on what you own and your family.
What Is the Difference Between a Will-Based and a Trust-Based Plan?
A will-based plan centers on a will and lets the estate pass through probate; it is simpler and cheaper and works well for many families, especially paired with a lady bird deed on the home. A trust-based plan centers on a funded revocable living trust that avoids probate, adds privacy, and handles incapacity, and it makes sense for larger or multi-state estates, blended families, or anyone wanting centralized management. Both include the same supporting documents (power of attorney, health-care directives). We help you pick.
What Are the Two Steps People Always Forget?
Funding and beneficiary designations. First, if you have a trust, it only avoids probate for assets you actually retitle into it, an unfunded trust does nothing. Second, your retirement accounts, life insurance, and pay-on-death accounts pass by their beneficiary forms, outside your will or trust entirely, so those forms must be reviewed and aligned with the plan. Skipping either step is the most common reason a good-looking plan fails. We handle both.
Do I Need a Power of Attorney and Health Care Documents Too?
Yes, and they are arguably more urgent than your will, because they work while you are alive. A durable power of attorney lets someone manage your finances if you cannot, and it should include the specific "superpowers" (like the authority to make gifts, fund a trust, or do Medicaid planning) that a basic form leaves out. A health care surrogate, living will, and HIPAA authorization cover your medical decisions. Without these, your family may face a court guardianship just to act for you.
Do I Need a Lawyer, or Can I Use an Online Kit?
You can use a kit, but Florida’s signing rules, homestead restrictions, and spousal-share rules trip up most do-it-yourself plans, and the failures (an improperly witnessed will, an unfunded trust, a power of attorney missing key authority, stale beneficiary forms) do not surface until it is too late to fix. The documents are only part of it; the coordination is where the value is. We prepare a complete, coordinated plan for a flat fee so nothing is left to chance.
How Much Does an Estate Plan Cost in Florida?
At our firm, a will-based plan starts at $1,200 for an individual ($1,950 for a couple) and includes the will, durable power of attorney, and health-care documents. A trust-based plan is $3,200 individual ($4,500 couple) and adds a funded revocable trust, pour-over will, and a deed for your home. Single documents start at $299. Government recording costs are extra, at cost. You see the flat fee before you commit.
Common Situations
The "I just need a will" client. A man wants only a will, then learns that without a durable power of attorney and health-care documents, his family would face a court guardianship if he were incapacitated. He leaves with a complete plan for not much more.
The unfunded trust. A couple set up a trust online years ago but never retitled their home into it. We fund it properly so it finally does what they paid for.
Sources of Law
- Wills: Fla. Stat. ch. 732. Revocable trusts: ch. 736. Durable power of attorney (and §709.2202 superpowers): ch. 709. Health care advance directives: ch. 765. Pre-need guardian: §744.3045 (for yourself) and §744.3046 (for minor children). Beneficiary designations pass outside the will/trust. (retrieved 2026-06-08)
Updated on June 10, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information about Florida law, not legal advice, and no attorney-client relationship is created. The right documents depend on your situation. Do not send confidential information until we have agreed to represent you.