Florida Estate Planning Checklist — What Every Family Needs

Published by Season Spanski, Esq. | Estate Planning Attorney

Estate planning isn't one document — it's a set of tools working together to protect you and your family. This checklist covers everything Florida residents need for a complete estate plan. Use it to figure out what you have, what you're missing, and what to prioritize.

1. Last Will and Testament

What it does:

Names who inherits your property, designates guardians for minor children, and appoints someone to handle your estate.

Who needs it:

Everyone. If you have kids, a will is critical for naming guardians. Without a will, the court decides who raises your children.

✓ Checklist item: Do you have a valid Florida will signed within the last 5 years?

2. Revocable Living Trust

What it does:

Holds your assets during your lifetime and distributes them to beneficiaries when you die — all without probate.

Who needs it:

People with significant assets, property in multiple states, blended families, or anyone who wants to avoid probate and maintain privacy.

✓ Checklist item: Have you considered whether a trust makes sense for your situation?

3. Durable Power of Attorney for Finances

What it does:

Authorizes someone to manage your finances if you become incapacitated. They can pay bills, manage investments, and handle financial matters.

Who needs it:

Everyone. Without this, your family needs court-appointed guardianship to access your accounts, which is expensive and time-consuming.

✓ Checklist item: Do you have a financial power of attorney naming someone you trust?

4. Healthcare Surrogate Designation

What it does:

Authorizes someone to make medical decisions for you if you can't communicate. In Florida, this is called a healthcare surrogate designation (other states call it a healthcare power of attorney).

Who needs it:

Everyone over 18. Without this document, doctors won't let anyone make medical decisions for you.

✓ Checklist item: Have you designated someone to make healthcare decisions if you're incapacitated?

5. Living Will (Advance Directive)

What it does:

States your wishes about life-prolonging procedures if you're terminally ill or permanently unconscious. It tells doctors whether you want to be kept on life support.

Who needs it:

Everyone should have one to spare their family from making these difficult decisions.

✓ Checklist item: Have you documented your wishes about end-of-life care?

6. Lady Bird Deed (For Homeowners)

What it does:

Transfers your Florida home to beneficiaries automatically when you die, avoiding probate. You keep full control while you're alive.

Who needs it:

Florida homeowners who want to avoid probate for their real estate without setting up a full trust.

✓ Checklist item: If you own a home, have you considered a Lady Bird Deed?

7. Beneficiary Designations

What they do:

Life insurance, retirement accounts (401k, IRA), and payable-on-death bank accounts pass directly to named beneficiaries outside of probate.

Who needs them:

Everyone. These designations override your will, so they need to be current and correct.

✓ Checklist items:

• Are your life insurance beneficiaries current?
• Have you named beneficiaries on all retirement accounts?
• Do your bank accounts have payable-on-death (POD) beneficiaries?
• Have you reviewed beneficiaries after major life changes (marriage, divorce, births)?

8. Digital Asset Plan

What it does:

Provides access to online accounts, passwords, and digital property (photos, documents, cryptocurrencies, etc.).

Who needs it:

Everyone in 2026. Most of our lives exist online now, and family members can't access digital accounts without proper authorization.

✓ Checklist items:

• Do you have a list of important online accounts and passwords stored securely?
• Have you designated a digital executor in your estate plan?
• Do you own cryptocurrency or other digital assets that need special handling?

9. Letter of Instruction (Optional But Helpful)

What it does:

A non-legal document that tells your family where to find important documents, what bills to pay, who to contact, and your wishes for funeral arrangements and personal property.

✓ Checklist item: Have you created a letter of instruction for your family?

10. Review and Update Regularly

Estate plans aren't set-it-and-forget-it. Life changes require updates:

• Marriage or divorce
• Birth or adoption of children
• Death of a spouse or beneficiary
• Significant change in assets
• Moving to a different state
• Changes in tax laws

We recommend reviewing your estate plan every 3-5 years or after major life events.

✓ Checklist item: When did you last review your estate plan?

Where to Store Your Documents

Keep originals in a fireproof safe at home or a safe deposit box. Give copies to your personal representative, healthcare surrogate, and attorney. Make sure family members know where to find documents when needed.

What If You're Missing Items on This Checklist?

Most people are. Don't feel bad if you checked off only a few items. The important thing is to start now. Even getting a will done is better than having nothing.

During a free consultation, we'll review what you have, identify gaps, and create a plan to fill them. We work with families at all stages — whether you're starting from scratch or updating existing documents.

Learn more about specific services: wills and trusts, Lady Bird Deeds, or comprehensive estate planning.