Estate planning is the legal process of creating binding documents that govern asset distribution, financial decision-making, and family protection when a person dies or becomes incapacitated. Florida estate planning law is governed by Florida Statutes Chapters 731 through 738, which cover wills, trusts, probate administration, and related proceedings.
A complete Florida estate plan addresses 4 core legal concerns. Florida families without a legal estate plan face mandatory intestate succession under Florida Statutes Section 732.101, which distributes assets according to statutory formulas regardless of personal wishes.
Probate-related legal and court costs can consume up to 3% of an estate’s total value. On a $500,000 estate that is up to $15,000 in avoidable costs. A complete estate plan pays for itself in probate avoidance on estates above $50,000.
Who receives property, money, and titled assets after death
Who manages financial and medical decisions during lifetime disability
Who serves as guardian and trustee for dependent children
How assets transfer to beneficiaries without Florida court supervision
Every Florida adult over age 18 with assets, dependents, or healthcare preferences benefits from a legally executed estate plan. Florida law places no minimum asset threshold for estate planning. The need arises from 3 universal legal realities:
Guardian and trustee designation required. Florida prohibits minors managing assets above $15,000 without court guardianship.
Florida homestead law imposes restrictions on devise of the primary residence. Lady Bird Deed eliminates probate for real property.
Florida business succession requires coordinated estate and entity planning to avoid forced liquidation at death.
Florida's elective share statute grants surviving spouses 30% of the elective estate regardless of will provisions.
Medicaid asset planning becomes critical when Florida nursing home costs average approximately $10,646 per month.
Out-of-state property creates ancillary probate exposure in each state without proper trust planning.
A complete Florida estate plan includes 6 primary legal documents. Each document serves a distinct legal function and governs a different aspect of asset protection and family planning.
Directs distribution of probate assets and designates guardians for minor children. Governed by Florida Statutes Chapter 732.
Holds titled assets and transfers them to beneficiaries at death without Florida probate court involvement. Governed by Florida Statutes Chapter 736.
Grants a named agent authority to manage financial, legal, and business affairs during incapacity. Governed by Florida Statutes Chapter 709.
Appoints a named individual to make medical decisions when the patient cannot. Governed by Florida Statutes Chapter 765.
Documents specific wishes regarding life-prolonging medical procedures when the principal has a terminal condition, end-stage condition, or persistent vegetative state.
Transfers real property to beneficiaries at death without probate while the grantor retains full lifetime ownership and control. Florida is 1 of 5 states that recognizes this deed type.
Florida law establishes specific execution requirements for each estate planning document. A document that fails execution requirements is void or voidable in Florida probate court.
| Document | Witnesses Required | Notarization Required |
|---|---|---|
| Last will and testament | 2 witnesses | Yes · F.S. 732.502 |
| Revocable living trust | 2 witnesses | Yes · F.S. 736.0403 |
| Durable power of attorney | 2 witnesses | Yes · F.S. 709.2105 |
| Healthcare surrogate designation | 2 witnesses | Yes · F.S. 765.203 |
| Living will | 2 witnesses | Yes · F.S. 765.302 |
| Lady Bird Deed | 2 witnesses | Yes plus recording · F.S. 689.01 |
The testator of a will must have testamentary capacity understanding the nature of a will, knowing the natural objects of their bounty, understanding the character and extent of their assets, and comprehending the act of making a will. Florida courts void wills executed under undue influence or by testators lacking legal capacity.
The Florida estate planning process follows 5 structured steps from initial consultation to document execution and asset funding. A complete estate plan typically takes 1 to 4 weeks depending on the complexity of the client’s asset structure.
Every client receives a flat fee quote in writing before any work begins. No hourly billing. No surprise invoices at any stage of the process.
Attorney Schoonover reviews your assets, family structure, beneficiary goals, and healthcare preferences. A flat fee quote is delivered before any work begins.
Attorney Schoonover personally drafts each legal instrument. Drafts are sent to you for review before execution.
You review each document and confirm all provisions, beneficiary designations, and agent appointments reflect your intentions.
You execute all documents in a formal signing appointment with Attorney Schoonover, 2 witnesses, and a notary.
Attorney Schoonover transfers titled assets into the revocable living trust and records the Lady Bird Deed with the Miami-Dade County Clerk.
Florida estate planning costs range from $500 to $3,500 for a basic plan and $3,500 to $10,000 or more for a comprehensive plan including a revocable living trust, depending on asset complexity and the number of documents required. Attorney Schoonover charges flat fees for all estate planning services, confirmed in writing before work begins.
| Service | Typical Florida Range | Notes |
|---|---|---|
| Simple will only | $300 to $600 | Probate still required at death |
| Will package (will, POA, healthcare surrogate, living will) | $800 to $1,500 | No trust, probate still applies |
| Revocable living trust with pour-over will | $1,500 to $4,000 | Avoids probate when properly funded |
| Complete trust-based estate plan | $3,500 to $8,000 | Full legal protection, all 6 documents |
| Lady Bird Deed | $400 to $800 | Eliminates real property probate entirely |
| Florida probate administration | Up to 3% of estate value | Avoided with proper estate planning |
A Florida resident who dies without a valid estate plan dies intestate, and the state distributes the entire estate according to Florida Statutes Sections 732.101 through 732.111 without regard to personal wishes.
Surviving spouse, no descendants
Spouse receives 100%
Spouse plus descendants from prior relationships
Spouse 50% / descendants 50%
No surviving spouse
Descendants receive 100%
No spouse or descendants
Parents receive equal shares
No surviving parents
Siblings by right of representation
No closer relatives
Extended relatives through further descent
Florida courts appoint a guardian for incapacitated adults through Chapter 744, a process that involves petitions, hearings, background investigations, and annual court reporting. Guardianship proceedings average $3,000 to $7,000 in legal costs to initiate.
Florida law designates a proxy from a ranked list of relatives under Section 765.401. The patient has no legal voice in who that person will be and no guarantee that person shares their values about medical care.
A Florida will governs probate assets and requires court administration at death. A Florida revocable living trust governs trust-funded assets and transfers them privately without court involvement. Most Florida estate plans include both.
| Factor | Last Will and Testament | Revocable Living Trust |
|---|---|---|
| Governs | Probate assets | Trust-funded assets |
| Probate required | Yes | No |
| Public record | Yes, filed with the court | No, stays completely private |
| Effective date | Death only | Lifetime and death |
| Incapacity coverage | No | Yes, through successor trustee |
| Multi-state property | Ancillary probate required in each state | Single trust governs all states |
| Minor child distributions | Through guardian or testamentary trust | Through trustee per trust terms |
| Average administration cost | Up to 3% of estate value | Lower flat trustee fees |
A will that nominates a guardian for minor children remains essential even when a trust exists. The trust governs asset management. The will governs the guardian appointment. Florida courts require a valid will to appoint a guardian for minor children when both parents are deceased.
Florida homestead law under Article X, Section 4 of the Florida Constitution restricts the devise of a homestead property when the owner has a surviving spouse or minor child, overriding contrary will provisions.
Florida Statutes Section 732.502 voids wills that fail execution requirements. Handwritten wills without witnesses carry no legal weight in Florida probate court.
An unfunded revocable living trust has no legal effect. All titled assets must be retitled into the trust's name. The document alone protects nothing.
A non-durable power of attorney becomes void upon incapacity. Florida courts require a guardianship proceeding without a valid durable POA, costing $3,000 to $7,000 to initiate.
Each mistake is avoidable through proper legal drafting and execution. Every one of them can void documents, increase probate exposure, or contradict your stated wishes.
Florida Statutes Section 732.502 voids wills that fail execution requirements. Handwritten wills without witnesses carry no legal weight in Florida probate court.
An unfunded revocable living trust has no legal effect. All titled assets must be retitled into the trust's name. The document alone protects nothing.
Florida Statutes Section 732.703 revokes designations on certain accounts after divorce, but not all account types. Outdated designations override will and trust provisions.
A non-durable power of attorney becomes void upon incapacity. Florida courts require a guardianship proceeding without a valid durable POA, costing $3,000 to $7,000 to initiate.
Wills that attempt to devise a homestead contrary to Article X, Section 4 of the Florida Constitution are unenforceable as to the homestead property.
Documents valid in other states may not comply with Florida execution requirements and create probate complications. Florida-specific drafting is required.
Life insurance, retirement accounts, and bank accounts with beneficiary designations pass outside the will and trust. Uncoordinated designations produce unintended results that the estate plan cannot override.
Yanitza Schoonover is a Florida Bar licensed estate planning and probate attorney based in Miami with 13 years of experience in Florida estate law.
She holds Florida Bar number 124081 with active good standing status and handles every estate planning case, every legal document, and every client question personally.
Years in Estate Law
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Consecutive Rising Stars
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Florida estate planning requires more than document preparation. Estate plans must comply with Florida execution requirements, homestead restrictions, probate law, and trust funding procedures to remain legally effective.
Super Lawyers Rising Stars 2021 through 2026, six consecutive years. Top 5% of attorneys. 2024 Elite Lawyer. Florida Bar #124081 reflects zero disciplinary history over 10 years.
All estate planning documents, revisions, and client questions are handled directly by Attorney Schoonover.
In-person meetings by appointment Monday through Friday until 5:00 PM. Phone and Zoom consultations available Monday through Sunday, 8:00 AM to 9:00 PM, 91 hours of access versus the standard firm's 40.
All fees confirmed in writing before work begins. No hourly billing and no surprise invoices. You know the total cost before any documents are drafted.
Miami-Dade County is approximately 67% Hispanic or Latino (U.S. Census 2023). Full legal service in Spanish for families who prefer it. Hablamos español.
Search Florida Bar number 124081 at floridabar.org. Active good standing. Zero disciplinary history across a full 10-year review.
Focused Estate Law Practice The Schoonover Law Firm focuses its practice on estate planning, probate administration, guardianship, and property transfer law. Clients receive an attorney with deep familiarity with Florida estate statutes across every matter.
The Schoonover Law Firm serves clients statewide across Florida. Attorney Yanitza Schoonover is based at 6303 Waterford District Dr, Suite 400, Miami, FL 33126 and primarily serves families in the following areas.
Miami, Hialeah, Coral Gables, Miami Beach, Homestead, Miami Gardens, North Miami, Doral, Aventura, Cutler Bay, Palmetto Bay, Pinecrest, South Miami, Miami Lakes, North Miami Beach, Opa-locka, Sweetwater, Sunny Isles Beach, Bal Harbour, Key Biscayne, Miami Shores, Surfside, Biscayne Park, El Portal, West Miami, Virginia Gardens, Medley, Hialeah Gardens, Florida City, North Bay Village, Bay Harbor Islands, Golden Beach, Miami Springs, Islandia, Westchester, Tamiami, Kendale Lakes, The Hammocks, Fountainebleau, University Park, Olympia Heights, Gladeview, Leisure City, Naranja, Princeton, Three Lakes, Country Club, Kendall
Fort Lauderdale, Plantation, Hollywood, Pembroke Pines, Miramar, Coral Springs, Pompano Beach, Davie, Deerfield Beach, Sunrise
Boca Raton, West Palm Beach, Delray Beach, Boynton Beach, Lake Worth, Wellington, Greenacres
Attorney Yanitza Schoonover serves all South Florida. Call (305) 299-7496 for any Florida location not listed.
Florida has no state estate tax and no state inheritance tax. The federal estate tax exemption is $15 million per individual ($30 million for married couples) as of January 1, 2026, under the One Big Beautiful Bill Act signed into law on July 4, 2025. This permanently replaced the prior TCJA exemption. Estates below the federal threshold owe no estate tax at either the state or federal level.
A Florida estate plan requires review after 6 life events: marriage, divorce, birth of a child, death of a named beneficiary or agent, significant change in assets, and relocation from another state. The American Bar Association recommends reviewing all estate planning documents every 3 to 5 years regardless of life changes to confirm compliance with current Florida law.
A Florida pour-over will is a will that directs all probate assets into the grantor’s revocable living trust at death, consolidating the entire estate under a single trust administration. A pour-over will serves as a safety net for assets inadvertently left outside the trust. Assets subject to the pour-over will still pass through Florida probate before entering the trust.
Florida does not recognize holographic wills. Florida Statutes Section 732.502 requires all wills to be signed in the presence of 2 witnesses and notarized. A handwritten will that is not witnessed and notarized carries no legal weight in Florida probate court, regardless of the testator’s intent.
A personal representative administers the probate estate through Florida court proceedings under Florida Statutes Section 733.602. A trustee administers a trust outside of court proceedings without judicial supervision under Florida Statutes Section 736.0801. The personal representative is named in the will. The trustee is named in the trust document. Both roles carry legal fiduciary duties.
A Florida personal representative must be a Florida resident or, if a non-resident, a blood relative, adoptive relative, or spouse of the decedent under Florida Statutes Section 733.304. Non-resident, non-relatives cannot serve as personal representatives in Florida probate. Corporate fiduciaries such as banks and trust companies authorized to do business in Florida also qualify.
A Florida special needs trust is a trust designed to hold assets for a beneficiary with disabilities without disqualifying the beneficiary from means-tested government benefits such as Medicaid and Supplemental Security Income. Florida Statutes Chapter 736 governs special needs trust formation. Assets held in a properly structured special needs trust do not count toward the $2,000 SSI asset limit.
Florida law does not require an attorney to draft a will or other estate planning documents. However, Florida’s strict execution requirements for wills, powers of attorney, and trusts mean that errors in drafting or execution can void the document entirely. Improperly executed Florida wills are among the leading causes of will contests. An attorney-drafted and executed estate plan carries legal presumptions of validity that self-prepared documents do not.
Start the Florida estate planning process by calling (305) 299-7496 or scheduling a free consultation at estateplanningattorney.us. Attorney Schoonover reviews assets, family structure, and goals in the first consultation. A flat fee quote covers all documents before work begins.
Attorney Schoonover drafts complete Florida estate plans including wills, revocable living trusts, durable powers of attorney, healthcare surrogates, living wills, and Lady Bird Deeds for individuals and families in Miami-Dade County and throughout South Florida.
