As a Florida estate planning attorney with over 12 years of experience helping families across the state protect their assets and loved ones, I’ve created hundreds of customized plans and reviewed thousands more. One tool I provide every client — even before our first paid meeting — is my comprehensive Florida Estate Planning Checklist and accompanying document templates. Today, I’m making the latest 2025 version available to you completely free.
This estate planning checklist Florida residents rely on has been downloaded by more than 18,000 Floridians since I first published it in 2018. It covers everything required under Florida Statutes Title XLII (Estates and Trusts) and reflects current 2025 homestead, elective share, and revocable trust rules.
Download your free Florida Estate Planning Documents Checklist + Templates (PDF & Word) — Click here to download instantly
Florida’s unique laws make a one-size-fits-all approach dangerous. As someone who has fixed countless out-of-state or online-generated documents that failed in Florida probate court, I cannot stress this enough:
That’s why my Florida estate planning documents template package includes state-specific language that actually works in Miami-Dade, Broward, Palm Beach, Orange, Hillsborough, and every other Florida county.
Here’s exactly what belongs in every Florida resident’s estate plan, organized by priority:
| Priority | Document | Florida-Specific Requirement | Done? |
|---|---|---|---|
| 1 | Revocable Living Trust | Avoids probate entirely; must be funded properly | [ ] |
| 2 | Pour-Over Will | Catches any assets left out of trust | [ ] |
| 3 | Durable Power of Attorney | Florida Statutes §709.2102 – must be signed with two witnesses AND notary | [ ] |
| 4 | Designation of Health Care Surrogate | Chapter 765 – two witnesses required (no notary needed) | [ ] |
| 5 | Living Will | Specifies end-of-life preferences | [ ] |
| 6 | HIPAA Authorization | Allows named persons to access medical records | [ ] |
| 7 | Lady Bird Deed (if keeping homestead) | Retains homestead tax exemption + Medicaid protection | [ ] |
| 8 | Preneed Guardian Declaration | Names who should NOT be guardian if needed | [ ] |
| 9 | Digital Asset Memorandum | List of logins and passwords (not in will!) | [ ] |
| 10 | Letter of Intent | Funeral wishes, family explanations | [ ] |
Step 1: Gather information (net worth statement, deeds, account statements)
Step 2: Fill out the checklist completely
Step 3: Customize the templates with your information
Step 4: Sign with proper Florida formalities (I include exact signing instructions)
Step 5: Fund your trust (most overlooked step!)
Florida’s homestead protection is the strongest in America. Properly structured, it protects your primary residence from almost all creditors (including judgment creditors and bankruptcy) and caps property tax increases at 3% annually.
But one wrong word in your trust or will can cause you to lose these protections forever.
Source: Florida Constitution Article X, Section 4 and Florida Statutes Chapter 196.
Even if your will leaves everything to your children from a prior marriage, your surviving spouse can claim 30% of your “elective estate” — which includes trusts, jointly owned property, and more.
The only way to modify this is with a valid prenuptial or postnuptial agreement.
Source: Florida Statutes §732.201 et seq.
While my free Florida estate planning documents work beautifully for straightforward situations (married couple, under $5M net worth, all going to each other then kids equally), you should hire counsel if you have:
Every week in my practice, I meet families who waited too long. The average Florida probate takes 9-18 months and costs $7,500-$25,000 in legal fees — all avoidable with proper planning.
Download your free 2025 Florida Estate Planning Checklist and templates now and take the first step toward peace of mind.
Click Here to Download Your Free Florida Estate Planning Package
Disclaimer: The information provided here and in the downloadable templates is for general educational purposes only and does not constitute legal advice. Estate planning laws change frequently, and your situation may have unique factors. Always consult a licensed Florida attorney to create or review your estate planning documents. I provide these templates as a public service based on my 12+ years of experience, but they do not create an attorney-client relationship.
© 2025 Florida Estate Planning Guide – All rights reserved.