Estate plan

Florida

Everything to plan your estate in Florida: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

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Will, living trust, durable power of attorney, and healthcare directive. All four documents, all valid in Florida, all for $29/year.

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Florida content last reviewed May 18, 2026.

Will

2W

Trust

2W

POA

2W + N

HC Directive

2W

E-will

Adopted

Since 2019

RON

Enacted

Effective 2020-01-01

ROW

All documents

Remote online witnessing

Community property

No

Minimum age

18

NW + N = N witnesses + notarizationNW = N witnesses, no notarizationN = notarization, no witnesses— = no formal requirements
News

Recent changes in Florida

Trust

Florida revises trust decanting and clarifies homestead transfers to community property trusts

Ch. 2025-159 (SB 262) revises authorized-trustee invasion-of-principal under §736.04117, treats lifetime distributions from a revocable trust as satisfying matching devises if criteria are met, and clarifies that homestead property transferred by spousal settlors to a community property trust does not constitute a change of ownership for property-tax reassessment.

Ch. 2025-159 (SB 262)Source →
Trust

Florida adopts the Uniform Fiduciary Income and Principal Act (FUFIPA)

Ch. 2024-216 (CS/HB 1093) replaces the prior Florida Uniform Principal and Income Act with FUFIPA, modernizing how trustees allocate receipts and disbursements between income and principal beneficiaries. Effective January 1, 2025.

Takes effect: January 1, 2025

Ch. 2024-216 (CS/HB 1093)Source →
1

Will

Fla. Stat. §732.501 et seq.

Witnesses: 2 required

Two attesting witnesses must sign in the presence of the testator and each other (Fla. Stat. §732.502(1)(c))

Witnesses sign together: Required

Florida requires the attesting witnesses to sign in each other's presence; signing within a reasonable time of one another is not sufficient.

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Not valid

Florida does not recognize handwritten wills without witnesses

Self-proving affidavit: Available

Florida's §732.503 affidavit may be executed at the time the will is signed or at any subsequent date. We integrate it into the execution page so the will is self-proved on day one and admissible to probate without locating the witnesses years later.

Executor bond waiver: Statutory phrasing required

Florida requires explicit bond-waiver phrasing for it to bind the probate court. We insert the statutory wording.

State-specific notes

•Nonresident Personal Representative restriction (Fla. Stat. §733.304): a personal representative who is not a Florida resident at the time letters are issued must be a legally adopted child or adoptive parent of the decedent, related by lineal consanguinity to the decedent, a spouse / brother / sister / uncle / aunt / nephew / niece of the decedent or someone related by lineal consanguinity to such a relative, or the spouse of any otherwise-qualified person. Unrelated nonresidents (close friends, fiduciaries-of-choice) cannot serve. Name a Florida-resident successor if your first choice lives out of state and is not a close relative.
•Original will retention (Fla. Stat. §732.901 and §733.207): the custodian of the original will must deposit it with the clerk of the circuit court within 10 days of learning of the testator's death. A delinquent custodian who fails to deposit without just or reasonable cause is subject to a fee-shifting petition under §732.901(2) — the court must adjudge costs, damages, and reasonable attorney's fees against the custodian on petition by an interested person. A photocopy is presumed insufficient — admitting a lost or destroyed will under §733.207 requires proving its substance by two disinterested witnesses or a correct copy plus one disinterested witness. Store the wet-ink original somewhere your personal representative can retrieve it (a clerk-deposited will under §732.901 is one option; a fireproof home safe with the location known to the PR is the most common alternative).
ViewSelf-proving affidavit wording
State of Florida County of _______________ I, {testatorName}, declare to the officer taking my acknowledgment of this instrument, and to the subscribing witnesses, that I signed this instrument as my will. ___________________________________ Testator We, _______________ and _______________, have been sworn by the officer signing below, and declare to that officer on our oaths that the testator declared the instrument to be the testator's will and signed it in our presence and that we each signed the instrument as a witness in the presence of the testator and of each other. ___________________________________ Witness ___________________________________ Witness Acknowledged and subscribed before me by means of [ ] physical presence or [ ] online notarization by the testator, {testatorName}, who [ ] is personally known to me or [ ] has produced ____________________ (state type of identification, see Fla. Stat. §117.05(5)(b)2.) as identification, and sworn to and subscribed before me by each of the following witnesses: _______________ (type or print name of first witness) who [ ] is personally known to me or [ ] has produced ____________________ as identification, by means of [ ] physical presence or [ ] online notarization; and _______________ (type or print name of second witness) who [ ] is personally known to me or [ ] has produced ____________________ as identification, by means of [ ] physical presence or [ ] online notarization. Subscribed by me in the presence of the testator and the subscribing witnesses, by the means specified herein, all on _____________ (date). ___________________________________ (Signature of Officer) ___________________________________ (Print, type, or stamp commissioned name and affix official seal)
2

Living Trust

Witnesses: 2 required

Florida treats the testamentary aspects of a revocable trust as a will for execution purposes per Fla. Stat. §732.502 and §736.0403; we add an Attestation of Witnesses block to the trust so it satisfies the same formalities as a will.

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

Conditional execution: Special rule

will formalities required for testamentary aspects only

State-specific notes

•The 2-witness requirement technically applies only to testamentary provisions, but since virtually all revocable trusts contain provisions about who inherits at death, 2 witnesses are effectively required for any estate planning trust
3

Durable Power of Attorney

Fla. Stat. §709.2101 et seq. (Florida Power of Attorney Act, ch. 709 part II)

Last verified: 2011-10-01

Witnesses: 2 required

Florida requires 2 witnesses for power of attorney execution

Notarization: Required

Notarization is required for a valid durable power of attorney

Key features of Florida POA

•Florida has no statutory short-form POA. Chapter 709 part II (the Florida Power of Attorney Act, §§709.2101 to 709.2402) prescribes execution and authority but does not provide a fill-in statutory form.
•Seven 'superpowers' under Fla. Stat. §709.2202(1)(a) to (g) require the principal to sign or initial next to each specific enumeration: (a) create an inter vivos trust; (b) amend, modify, revoke, or terminate a trust (sub-paragraph (b) carries an additional statutory precondition that the trust instrument itself must explicitly authorize amendment, modification, revocation, or termination by the settlor's agent; the principal's sign-or-initial alone is insufficient if the trust is silent); (c) make a gift; (d) create or change rights of survivorship; (e) create or change a beneficiary designation; (f) waive the principal's right to be a beneficiary of a joint and survivor annuity; (g) disclaim property and powers of appointment.
•Springing POAs are abolished for instruments executed on or after October 1, 2011 (Fla. Stat. §709.2108(1)). A POA must be effective on execution, not on a future date or contingency.
•Requires BOTH two subscribing witnesses AND notarial acknowledgment. Fla. Stat. §709.2105 (stricter than most states).
•POAs witnessed via remote online witnessing under §117.285 are not effective to grant any of the seven superpowers (Fla. Stat. §709.2202(6)).

State-specific notes

•Requires both two subscribing witnesses AND notarial acknowledgment. Fla. Stat. §709.2105
•Best practice: do not use the agent or the notary as a subscribing witness. Chapter 709 does not impose this disqualification by statute, but the §117.05 notarial requirements and conflict-of-interest case law disfavor it
•Notary-signs-for-principal mechanism (Fla. Stat. §709.2202(2)): if the principal is physically unable to sign, the notary may sign the principal's name at the principal's direction, in the presence of the principal and two disinterested subscribing witnesses, and must include the §709.2105(3) attestation statement below each signature. Standard execution practice is for the principal to sign personally; this fallback is the only way a physically-impaired-but-capacious principal can validly execute, and the 'disinterested' constraint on the two attesting witnesses is stricter than the standard subscribing-witness rule in §709.2105(1).
•Supported decision-making agreement alternative (Fla. Stat. §709.2209, added by Ch. 2024-242): a written agreement that authorizes a 'supporter' to receive information (including health and educational records) and to communicate with third parties on behalf of the principal, but does NOT confer authority to bind or act for the principal on any subject matter. The statute expressly provides it is not a durable power of attorney; any durability language has no effect. A principal who needs only information-sharing assistance (for example, a young adult with a disability whose parents want HIPAA / FERPA access without taking decisional control) can use §709.2209 instead of a full POA.
ViewStatutory categories (18)
General categories: A. Real property B. Tangible personal property C. Stocks, bonds, and other securities D. Banking and financial institution transactions E. Business operating transactions F. Insurance and annuity transactions G. Estates, trusts, and other beneficiary interests H. Claims and litigation I. Personal and family maintenance J. Benefits from governmental programs or civil or military service K. Tax matters Hot powers (require separate authorization): M. Make a gift (Fla. Stat. §709.2202(1)(c)) N. Create an inter vivos trust (Fla. Stat. §709.2202(1)(a)) O. With respect to a trust created by or on behalf of the principal, amend, modify, revoke, or terminate the trust, but only if the trust instrument explicitly provides for amendment, modification, revocation, or termination by the settlor's agent (Fla. Stat. §709.2202(1)(b)) P. Waive the principal's right to be a beneficiary of a joint and survivor annuity (Fla. Stat. §709.2202(1)(f)) Q. Disclaim or refuse an interest in property (Fla. Stat. §709.2202(1)(g)) R. Create or change rights of survivorship (Fla. Stat. §709.2202(1)(d)) S. Create or change a beneficiary designation (Fla. Stat. §709.2202(1)(e))
4

Designation of Health Care Surrogate / Living Will

Fla. Stat. §765.101-765.404

Witnesses: 2 required

Two witnesses required. Fla. Stat. §765.202. At least 1 must not be a relative, heir, or healthcare provider

Notarization: Not required

Notarization is not required but may be accepted

Document sections

Separate living will

State-specific notes

•At least one witness must not be a spouse or blood relative
•The person designated as health care surrogate cannot serve as a witness to the document. Fla. Stat. §765.202(2): 'The person designated as surrogate shall not act as witness to the execution of the document designating the health care surrogate.' Execution trap — a hospital or court may reject a Designation that lists the surrogate as one of the two attesting witnesses, even if the surrogate also satisfies the spouse / blood-relative limitation.
•Florida's statutory forms are 'suggested,' not mandatory. Fla. Stat. §765.203 (Designation of Health Care Surrogate) provides that 'A written designation of a health care surrogate executed pursuant to this chapter may, but need not be, in the following form,' and §765.303 uses the same 'may, but need not, be in the following form' framing for the Living Will. Other written designations that satisfy chapter 765's substantive requirements (signed by the principal in the presence of two witnesses, with the §765.202(2) restrictions above) are equally valid; the hcdirOfficialForm boolean indicates Florida provides a named statutory form we implement, not that the form is the only permissible format.
ViewForm section list (7)
1. Name and Designation of Health Care Surrogate 2. Alternate Surrogate 3. Authorization to Access Health Information (HIPAA) 4. Health Care Decision Authorization 5. Specific Instructions and Limitations 6. Organ Donation 7. Revocation
5

Living Will

Fla. Stat. §765.303

The Florida Living Will records your wishes about life-prolonging procedures if you have a terminal condition, an end-stage condition, or are in a persistent vegetative state. The companion Designation of Health Care Surrogate appoints your agent.

Both this document and the Designation of Health Care Surrogate / Living Will are generated for you. You can sign both in the same session.

Subscription

6 more documents with a subscription

$29/year unlocks the documents below alongside the four free ones above. Your answers and documents are saved privately to your account, encrypted in your browser, so you can revise them any time life changes.

Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive.

Designation of Pre-Need Guardian

Pre-designates the person you want a court to appoint as Guardian of the Person and Guardian of the Property under Fla. Stat. §744.3045 if a guardianship is ever needed. Florida uses 'guardian' (not 'conservator') for adult protective proceedings.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

Free vs. paid

Free
Paid
All 4 state-specific documents
State-specific signing guide
Download as PDF, print forever
Secure online storage
Covers real estate, business, digital, and funeral wishes
Disposition of remains authorization
Standalone HIPAA authorization
Nomination of conservator
Business succession declaration
Real-estate retitling checklist
Special needs trust provisions
Letter of instruction, pre-filled and editable
Edit anytime
Annual review reminder
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Electronic will status

Florida has enacted electronic will legislation (2019), but the law is not yet operative.

The law takes effect on July 1, 2020. Until then, a traditional paper will with physical signatures is required.

Digital assets access

Florida has adopted RUFADAA (2016). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Florida authorized RON in 2019. The law took effect on January 1, 2020. Florida enacted RON via HB 409 (Ch. 2019-71); the act took effect January 1, 2020 (the act's primary effective date under Section 40), after the Department of State adopted electronic-notarization standards. The ronYear field reflects enactment year; ronEffectiveDate reflects when in-state RON became operative.

Will

Allowed

Trust

Allowed

POA

Allowed

Remote online witnessing (ROW)

Florida allows remote online witnessing for all estate planning documents. Witnesses can observe your signing over a live video call instead of being physically present. Remote online witnessing under Fla. Stat. §117.285 is invalid for a 'vulnerable adult' as defined in §415.102 (§117.285(5)(g)). A POA witnessed via ROW cannot grant any of the seven §709.2202(1) superpowers (§709.2202(6)).

Will

Allowed

Trust

Allowed

POA

Allowed

HC Directive

Allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Florida for guidance specific to your situation.

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Free last will and testament, valid in Florida.

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Name your medical decision-maker and treatment wishes.

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Name someone to handle finances if you can't.

Florida living trust

Skip probate and keep your estate private.

Get started →Start free →
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