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 to 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 $150,000 or less, or when the decedent has been dead more than two years (Fla. Stat. § 735.201, as amended by Chapter 2026-57, effective July 1, 2026; the limit was $75,000 before that date). Assets held in a funded living trust pass to your beneficiaries without probate, whatever the size of the estate. Many Florida homeowners set one up for that reason.

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 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 protects the family home (the homestead, with no dollar cap on value). If the owner leaves a spouse or minor child, the home cannot be left by will or by a revocable trust (Fla. Stat. § 732.4015), except to the spouse when there is no minor child, and its protection from forced sale passes to the spouse or heirs (Fla. Const. Art. X, § 4). Exempt property goes to the surviving spouse, or if there is none the children, and is exempt from all claims against the estate except perfected security interests (Fla. Stat. § 732.402). A family allowance of up to $18,000 is available for the surviving spouse and the lineal heirs the decedent was supporting (§ 732.403).

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 in the presence of two adult witnesses and a Notary Public. Both witnesses sign the witness lines, and the notary completes the certificate. Before you sign, initial each line marked INITIAL HERE beside a power you want your agent to have. Under Florida law your agent has each of those powers only if you sign or initial beside it. Leave a line blank if you do not want to grant that power.
4. Sign the health care documents. Sign your Designation of Health Care Surrogate (and your Living Will, when your plan includes one) 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.

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