Estate Planning Law in Florida

What it means in Florida:
Estate planning in Florida focuses on managing and transferring assets during life and after death, with an emphasis on avoiding probate where possible under Florida law.

Key points:

• Governed by Florida state statutes and case law
• Applies to individuals of all asset levels
• Proper planning can reduce or eliminate the need for probate

Florida-specific considerations:

• Florida does not recognize Transfer on Death (TOD) deeds for real property
• Florida does recognize Lady Bird Deeds (also known as Enhanced Life Estate Deeds)
• A Lady Bird Deed allows property owners to:
  • Retain full control of the property during their lifetime
  • Sell, mortgage, or change the property without beneficiary’s consent
  • Transfer real estate automatically upon death, avoiding probate
• Joint ownership with right of survivorship is commonly used for probate avoidance
• Payable-on-death and beneficiary designations for financial accounts remain valid probate-avoidance tools
• Durable powers of attorney and health care directives are commonly included for incapacity planning

Whom it applies to:

• Florida homeowners seeking to avoid probate
• Individuals planning for incapacity or death

Families managing real estate and inherited property