Wills and estate planning in Florida

Researched 2026-10-20 · confidence: high · 2026 figures

In plain words: in Florida a will is valid when it's signed in front of 2 adult witnesses. There is no state estate tax. The federal estate tax exemption is $15,000,000 a person in 2026.

Witnesses to a will	2
Handwritten (holographic) will	Not recognised
Self-proving affidavit	Available
Electronic wills	Allowed
Power of attorney	Notary + 2 witnesses
Health care directive	2 witnesses
State estate tax	No
State inheritance tax	No
Community property	No
Age of majority / UTMA age	18 / 21

Signing a will

Statute: Fla. Stat. § 732.502(1).

A will is not invalid because an interested witness signs it, and Florida does not void the witness's gift (Fla. Stat. § 732.504).

Testator signs at the END of the will; witnesses sign in the presence of the testator and of each other (§ 732.502(1)). Holographic and nuncupative wills are not valid, even if valid where made (§ 732.502(2)). Electronic wills allowed (§ 732.522), with remote witnessing only through an online notary session under § 117.285. Remote witnessing does not work for a vulnerable adult (§ 117.285(5)). Homestead: a will cannot devise homestead if the owner leaves a spouse or minor child, except to the spouse when there is no minor child (Fla. Const. art. X, § 4(c)). Drafts must flag homestead for the attorney.

Power of attorney

Statute: Fla. Stat. ch. 709, part II (Florida Power of Attorney Act), §§ 709.2101-709.2402.

Signed by the principal and two subscribing witnesses, and acknowledged before a notary (§ 709.2105(2)). Superpowers need the principal's signature or initials next to each enumerated power (§ 709.2202(1)): creating a trust; amending or revoking a trust (only if the trust allows it); gifts; survivorship rights; beneficiary designations; waiving joint-and-survivor annuity rights; disclaimers. Florida's Act draws in part on the UPOAA but is not a uniform enactment. Not verified this session: the springing-POA bar for POAs executed after Oct. 1, 2011 (§ 709.2108), so confirm it before relying on it.

Health care directive

Called: Designation of Health Care Surrogate and Living Will.

Statute: Fla. Stat. ch. 765 (§ 765.202 surrogate designation; §§ 765.302-.303 living will).

Two adult witnesses. The designated surrogate cannot witness, and at least one witness must be neither the principal's spouse nor a blood relative (§§ 765.202, 765.302).

Suggested statutory forms are in §§ 765.203 and 765.303 (optional). No official state-hosted form URL was confirmed. Remote witnessing is barred for vulnerable adults (§ 117.285(5)).

If there's no will: what a spouse gets

The spouse takes the entire intestate estate when all of the decedent's descendants are also the spouse's and the spouse has no other descendants (Fla. Stat. § 732.102). Exception: intestate homestead gives the spouse only a life estate, or an elected 1/2 tenancy in common, with the remainder to descendants (§ 732.401).

A spouse's right to a share

30% of the elective estate, which includes many nonprobate assets (Fla. Stat. §§ 732.201-732.2155; amount at § 732.2065).

Estate and inheritance tax

No state estate tax.

No inheritance tax.

Probate

Fairly heavy: formal administration generally needs an attorney. Summary administration is available if the non-exempt estate is $150,000 or less (raised from $75,000 by ch. 2026-57, effective July 1, 2026) or the decedent died more than 2 years ago (§ 735.201). Disposition without administration covers up to $20,000 of personal property plus final medical and funeral costs (§ 735.301, as amended 2026).

Money God drafts a Florida will, power of attorney and health care directive from a short interview, then you send it to your attorney for review before signing.

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Sources

Researched from state statutes and official forms. Laws change; this page is information, not legal advice. Every Money God draft is reviewed by a licensed attorney in your state before you sign it.