Florida Estate Planning Checklist: What Every Resident Should Have in Place

When it comes to estate planning, the goal is simple: make life easier for your loved ones and ensure your wishes are honored. Whether you're new to Florida or a lifelong resident, having a solid estate plan in place is essential to protect your family, your assets, and your legacy. This Florida-specific checklist walks you through the key documents and decisions every resident should make—before it's too late.

✅ 1. Last Will and Testament

A will outlines how you want your assets distributed and who should care for any minor children. Without one, Florida’s intestate laws decide who gets what—and it might not reflect your intentions.

Make sure your will:

• Names a personal representative (executor).

• Lists your chosen guardians for minor children.

• Clearly outlines beneficiaries for specific assets.

✅ 2. Revocable Living Trust

While a will is essential, a revocable living trust helps you avoid probate—saving your heirs time, money, and stress.

In Florida, a trust is especially helpful if you:

• Own multiple properties.

• Want privacy (trusts don’t become public record like wills).

• Have a blended family or complex distribution plan.

Make sure your trust is:

• Properly funded (assets are titled in the trust's name).

• Paired with a pour-over will to catch any unfunded assets.

✅ 3. Durable Power of Attorney

This document appoints someone to manage your financial affairs if you become incapacitated.

Your chosen agent can:

• Pay bills.

• Access bank accounts.

• Manage real estate and investments.

Make sure your POA complies with Florida Statutes and includes broad powers, especially for real estate and trust transactions.

✅ 4. Designation of Health Care Surrogate

This allows someone you trust to make medical decisions if you’re unable to speak for yourself.

It should:

• Include HIPAA language so your surrogate can access medical records.

• Be signed and witnessed according to Florida law.

✅ 5. Living Will

A living will expresses your wishes regarding end-of-life care—like life support or feeding tubes—if you're in a terminal or persistent vegetative state.

Having this in place relieves loved ones from making painful decisions during an emotional time.

✅ 6. Pre-Need Guardian Designation

Florida allows you to designate a guardian in advance in case you're ever legally incapacitated. This can help avoid contested guardianship proceedings in the future.

✅ 7. Beneficiary Designations Review

Many assets—like life insurance, retirement accounts, and payable-on-death bank accounts—pass outside of your will or trust. Keep these up to date and consistent with your estate plan.

Review:

• 401(k), IRA, and pension plans.

• Life insurance policies.

• Bank and brokerage accounts with TOD/POD designations.

✅ 8. Homestead Considerations

Florida’s homestead laws offer strong protections but come with unique rules about how your primary residence can be devised (especially if you have a surviving spouse or minor children). Your estate plan should carefully address:

• Who receives the home.

• Whether it’s protected from creditors.

• Whether a trust or enhanced life estate deed is appropriate.

✅ 9. Digital Assets Inventory

Make a list of your:

• Email and social media accounts.

• Online banking or investment portals.

• Password manager details.

Include access instructions and appoint someone to manage them legally, either in your POA or via a digital asset provision in your estate documents.

✅ 10. Legacy Letter & Personal Instructions

While not legally binding, a legacy letter or personal instruction guide can be a valuable companion to your estate plan. It can cover:

• Funeral and burial wishes.

• Final messages to loved ones.

• Notes about family heirlooms or sentimental items.

"I LOVE IT WHEN A PLAN COMES TOGETHER" - Hannibal Smith (The A Team)

A complete estate plan is not just about who gets what—it’s about minimizing chaos, protecting your loved ones, and preserving your values. Florida law offers tools and protections that work best when used proactively.

At The Warnock Law Group, we help Florida residents craft tailored, legally sound estate plans that offer peace of mind. Whether you're just starting or need a review, we’re here to guide you every step of the way.

Contact us today for a consultation and let us help you check every box with confidence.

For a free consultation regarding Estate Planning or for further help with the process please contact us at:

(239) 437-1197

6843 Porto Fino Cir,

Fort Myers, FL 33912, USA

law@warnocklawgroup.com

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