Florida living trusts & estate documents

Living trust law in Florida

A revocable living trust holds your home, accounts, and other property during your life — you stay in full control as trustee and can change or revoke it any time — then passes it to your beneficiaries without probate when you're gone. In Florida, trusts are governed by the Florida Trust Code, Chapter 736, Florida Statutes.

Avoiding probate in Florida

Probate in Florida is governed by the Florida Probate Code, Chapters 731–735, Florida Statutes and handled by the Circuit Court's Probate Division. Florida uses formal and summary administration in circuit court; homestead property receives special treatment.

Summary administration is available when the estate subject to administration, less exempt property, is $75,000 or less — or when the decedent has been dead more than two years (Fla. Stat. § 735.201). That simplified procedure is set out in Summary administration, Section 735.201, Florida Statutes. A funded living trust passes outside probate entirely, whatever the size of the estate — which is why Florida homeowners in particular set one up.

In Florida, creditors generally have 3 months after the first published notice to creditors (2-year absolute bar from death) to file claims against the estate (Fla. Stat. § 733.702) — one reason court probate takes time that a funded trust avoids.

Estate and inheritance tax in Florida

Florida imposes no estate tax and no inheritance tax, and no state income tax: Florida has no state estate tax, no inheritance tax, and no state income tax. The separate federal estate tax reaches only estates above $15 million per person (2026, adjusted yearly), so most families never owe it.

Protecting a surviving spouse in Florida

A surviving spouse in Florida who is left out of the will can instead claim an elective share of 30% of the elective estate under Fla. Stat. § 732.2065 — a protection the will itself cannot override.

Florida also sets aside a constitutional homestead with no dollar cap on value, plus exempt property and a family allowance for a surviving spouse and minor children (Fla. Const. Art. X, § 4), protected ahead of most creditors.

Signing your Florida documents

1. Sign the living trust. Sign your Florida trust in the presence of two witnesses, then have it notarized. Florida requires a revocable trust that distributes property at death to be signed with will formalities — two witnesses who sign in your presence and in each other's presence (Fla. Stat. §736.0403(2)(b) & §732.502) — in addition to the notary acknowledgment (Fla. Stat. §117.05).
2. Sign the will. Two witnesses; notarized self-proving affidavit included (standalone and pour-over wills).
3. Sign the power of attorney. Sign your Durable Power of Attorney before a Notary Public.
4. Sign the health care documents. Sign your Advance Health Care Directive in the presence of two adult witnesses, who then sign the witness statements (each part of the form that shows witness lines is signed the same way). The eligibility rules printed on the form govern who may serve.
5. Follow your package instructions. Your package includes page-by-page signing instructions written for Florida — follow those as the authoritative guide.

Serving all of Florida

Answer the questionnaire from anywhere in Florida and download your completed documents in minutes: Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, Pembroke Pines, Hollywood, and every community in between.