Florida Estate Planning & Probate Law

Florida estate plans often include a will and a living will.

A good estate plan takes into consideration a wide variety of factors, including state probate laws and tax considerations. Florida, like other states, has its own laws that govern many aspects of estate planning. If you are creating an estate plan in Florida, you should consult a qualified attorney if you need legal advice about state laws regarding estate planning.

Wills

A last will and testament is a vital part of any estate plan. These documents explain how you want to pass on your property after you die. In Florida, you can create a last will and testament, more simply known as a will, as long as you are at least 18 years old and of sound mind. "Of sound mind" means that you are able to make your own decisions and are not otherwise mentally incompetent. You must make your Florida will in writing, sign it and have it signed by two competent witnesses.

Trusts

Trusts are also often used in estate plans. Though different than a will, a trust is also used to control what happens to your property, but not in the same way a will does. By creating a trust, you create a new legal entity to which you can then transfer property. Once you do this, the trust owns the property you give to it, not you. The trust can go on owning property even after you die.

Living Wills

A living will is very different than a last will and testament. A Florida living will is a document in which you declare your preferences for certain life-prolonging medical treatments. These documents must also be made in writing and are often a part of an estate plan. You can also create a durable financial power of attorney and a health care surrogate. These documents give other people the right to make financial and health care decisions for you if and when you are unable to express those decisions for yourself.

Probate Procedures

The probate laws of the state govern the process through which your property gets redistributed after you die. In Florida, probate cases are heard at the circuit court level, and the court must appoint an executor, also known as a personal representative, to handle the estate. The circuit court supervises the probate process, though the executor is primarily responsible for seeing the estate is settled and estate property given to new owners.

References

• The Florida Bar: Do You Have a Will?
• The Florida Bar: The Revocable Trust in Florida
• The Florida Bar: Probate in Florida