Question 1

What makes a will valid in Florida?

Accepted Answer

Any person of sound mind who is 18 or older, or an emancipated minor, may make a will. The will must be in writing and signed at the end by the testator (or by another person in the testator's presence and at the testator's direction), in the presence of at least two attesting witnesses, who must sign in the presence of the testator and of each other.

Question 2

Is a handwritten will valid in Florida?

Accepted Answer

No. Florida does not recognize unwitnessed handwritten (holographic) wills or oral (nuncupative) wills. A handwritten will is valid only if it is signed and witnessed like any other will. A holographic or oral will made in another state is not given effect in Florida even if it was valid there.

Question 3

Does a will need to be notarized in Florida?

Accepted Answer

Yes. A will may be made self-proving when the testator and witnesses acknowledge it and sign affidavits before an officer authorized to administer oaths (such as a notary), using the statutory form. A self-proved will can be admitted to probate without testimony from the witnesses.

Question 4

Who inherits if someone dies without a will in Florida?

Accepted Answer

Spouse: takes the whole estate if the decedent left no descendants, or if all of the decedent's descendants are also descendants of the surviving spouse and the spouse has no other descendants; otherwise the spouse takes one-half and the decedent's descendants take the rest. With no spouse, the estate passes to descendants; then parents; then siblings and the descendants of deceased siblings; then grandparents' lines (half to the paternal side and half to the maternal side); then kin of the last deceased spouse.

Question 5

What is a surviving spouse entitled to in Florida?

Accepted Answer

A surviving spouse may elect to take 30% of the 'elective estate', which includes probate assets and many non-probate assets such as revocable trusts and joint accounts. The election must be filed by the earlier of 6 months after the spouse is served with the notice of administration or 2 years after the death.

Question 6

What is the small estate limit in Florida?

Accepted Answer

Florida has no general small estate affidavit. Two limited options exist: (1) a bank may pay a family member up to $2,000 total from deposit accounts or CDs held in the decedent's sole name with no pay-on-death or survivor designation, no earlier than 6 months after death, on a sworn affidavit plus a certified death certificate; (2) 'disposition without administration': if the estate is only exempt personal property plus other personal property worth no more than the preferred funeral expenses and recent medical and hospital expenses, the court may authorize transfer by letter without a full probate. Neither option covers real estate.

Question 7

Is there a simplified probate process in Florida?

Accepted Answer

Summary administration is available if the will (if any) does not direct regular administration and either the Florida estate subject to administration, less property exempt from creditors (such as protected homestead), is worth no more than $150,000, or the decedent has been dead more than 2 years. A beneficiary or nominated personal representative files the petition; it must be signed and verified by the surviving spouse and the beneficiaries. Before the order, the petitioner must make a diligent search for creditors and provide for known claims. The court then orders distribution directly, without appointing a personal representative.

Question 8

How does probate work in Florida?

Accepted Answer

Formal administration: file a petition for administration and deposit the original will with the circuit court clerk; the court issues letters of administration to the personal representative; the personal representative serves a notice of administration on interested persons, publishes a notice to creditors once a week for 2 consecutive weeks and serves it on known or reasonably ascertainable creditors; files a verified inventory of estate property; pays valid claims, expenses and taxes; then files a final accounting and petition for discharge, and the court enters an order of discharge.

Question 9

How long do creditors have to file claims against an estate in Florida?

Accepted Answer

Claims must be filed by the later of 3 months after the first publication of the notice to creditors, or 30 days after a creditor who must be served receives the notice. Late claims are barred unless the court extends the time. In any case, claims are barred 2 years after the date of death unless already timely filed.

Question 10

Who can be an executor in Florida?

Accepted Answer

A Florida resident who is an adult (18+) and legally competent may serve as personal representative. A person convicted of a felony (or certain elder or disabled-adult abuse offenses), or who is unable to perform the duties, may not serve. A non-resident may serve only if closely related to the decedent: a legally adopted child or adoptive parent, a lineal blood relative, a spouse, brother, sister, uncle, aunt, nephew or niece (or a lineal relative of one of them), or the spouse of a person who would qualify. A bond is required unless the court waives it; authorized banks and trust companies are exempt.

Question 11

What does a quitclaim deed need to be valid in Florida?

Accepted Answer

A deed must be in writing and signed by the grantor in the presence of two subscribing witnesses (witnessing by audio-video technology is allowed where the statute permits). To be recorded, the grantor's signature must be acknowledged before a notary public or other authorized official. The recording clerk requires each signer's and witness's name printed beneath the signature with a post-office address, the grantee's name and address, and the name and address of the person who prepared the deed. Deeds are recorded with the Clerk of the Circuit Court in the county where the land is located. Documentary stamp tax applies at 70 cents per $100 of consideration.

Question 12

What are the requirements for a power of attorney in Florida?

Accepted Answer

Florida has no fill-in statutory form. A financial power of attorney must be signed by the principal and two subscribing witnesses, and acknowledged by the principal before a notary public. It is durable (survives incapacity) only if it contains the statutory durability wording or similar words showing that intent. The agent must be an adult (18+) or a qualified financial institution with trust powers.

Question 13

What are the requirements for a health care directive in Florida?

Accepted Answer

Health care surrogate designation: in writing, signed by the principal in the presence of two adult witnesses; the surrogate cannot be a witness, and at least one witness must not be the principal's spouse or blood relative. Living will: signed in the presence of two witnesses, one of whom is not the spouse or a blood relative. The statute provides suggested (optional) forms for both.

Question 14

Does Florida have an estate or inheritance tax?

Accepted Answer

No state estate or inheritance tax. Florida's estate tax does not apply to deaths after December 31, 2004, and since July 1, 2023 personal representatives no longer file the Affidavit of No Florida Estate Tax Due (Form DR-312).

Question 15

How do I make a living will in Florida?

Accepted Answer

Any competent adult may make a living will directing that life-prolonging procedures be provided, withheld or withdrawn if they have a terminal condition, an end-stage condition, or are in a persistent vegetative state. It must be signed in the presence of two subscribing witnesses, at least one of whom is neither the spouse nor a blood relative. If the person cannot sign, one witness signs the person's name in their presence and at their direction. The person is responsible for telling their primary physician the living will exists. Florida law provides a suggested living will form; notarization is not required.

Question 16

How do I make a medical power of attorney in Florida?

Accepted Answer

Florida calls the agent a "health care surrogate." The designation must be in writing and signed by the principal in the presence of two adult subscribing witnesses (or signed for the principal at their direction in the witnesses' presence). The surrogate cannot be a witness, and at least one witness must be neither the spouse nor a blood relative. An exact copy goes to the surrogate. An alternate surrogate may be named. Florida law provides a suggested designation form; notarization is not required.

Question 17

How do living trusts work in Florida?

Accepted Answer

Florida has adopted the Uniform Trust Code as the Florida Trust Code (Chapter 736). A trust is revocable unless its terms expressly make it irrevocable. Important Florida formality: for a settlor who lives in Florida when signing, the parts of a revocable trust that dispose of property at death are invalid unless the trust is signed with the same formalities as a will (signed at the end before two attesting witnesses). Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate, while assets left outside the trust may require probate or summary administration.

Question 18

What does an executor have to do in Florida?

Accepted Answer

The personal representative must promptly publish a notice to creditors and serve a copy on known or reasonably ascertainable creditors; claims are due within three months after first publication (or 30 days after service, if later), and all claims are barred two years after death. The representative files a verified inventory listing estate property with estimated fair market values at the date of death (inventories and accountings filed with the clerk are confidential). After paying valid claims, expenses and taxes, the representative files a final accounting and petition for discharge, distributes the estate, and is discharged by the court, which releases the representative and surety.

Question 19

How do I get letters testamentary in Florida?

Accepted Answer

In Florida the circuit court (probate division) issues "Letters of Administration" to the personal representative whether or not there is a will. A petition for administration is filed in the county where the decedent lived, with the original will (deposited with the clerk) and death certificate. The personal representative must be qualified: a Florida resident, or a nonresident who is a close relative (spouse, sibling, parent, child, or certain other relatives) of the decedent; felons and those who cannot perform the duties may not serve. A bond is set by the court unless waived. Florida courts generally require the personal representative to be represented by a Florida attorney.

Question 20

Does Florida have an affidavit of heirship?

Accepted Answer

Florida has no statutory affidavit of heirship for transferring real estate. Heirs are established by a court proceeding: any interested person may petition the probate court to determine beneficiaries or their shares, a separate civil action to determine beneficiaries may be brought when an estate has not been administered, and summary administration orders can distribute real property in qualifying estates.

Question 21

How can you avoid probate in Florida?

Accepted Answer

Non-probate options in Florida include: pay-on-death bank accounts (Fla. Stat. § 655.82); transfer-on-death registration of securities (Fla. Stat. § 711.50 and following); property in a funded revocable trust signed with will formalities (Fla. Stat. §§ 736.0403, 736.0602); joint ownership with right of survivorship and tenancy by the entirety; and summary administration when the estate subject to administration, less exempt property, is worth no more than $150,000 (raised from $75,000 by ch. 2026-57, Laws of Florida) or the decedent died more than two years ago (Fla. Stat. § 735.201). Florida has no statutory transfer-on-death deed; owners sometimes use an enhanced life estate ("Lady Bird") deed, which is not defined by statute.

Question 22

Where can I get a power of attorney form in Florida?

Accepted Answer

Florida does not provide a fill-in statutory financial power of attorney form. A power of attorney must be signed by the principal and by two subscribing witnesses and acknowledged by the principal before a notary public (or as otherwise allowed by s. 695.03); if the principal cannot sign, the notary may sign the principal's name (Fla. Stat. 709.2105). For health care, Fla. Stat. 765.203 gives a suggested form titled "Designation of Health Care Surrogate."

Question 23

How do I search probate court records in Florida?

Accepted Answer

Probate (settlement of decedents' estates and granting of letters testamentary) is handled by the circuit court in each county. Images or copies of court files governed by the Florida Probate Rules may not be placed on a publicly available website for general public display, so probate files are obtained from the county where the case was filed.

Question 24

How do I transfer a car title after someone dies in Florida?

Accepted Answer

Title is transferred through the county tax collector (agent of the Florida Department of Highway Safety and Motor Vehicles) using the Application for Certificate of Title (HSMV 82040). If the estate is probated, the personal representative signs the title as seller and provides a copy of the Letters of Administration. Without probate, an heir of an owner who died without a will can title the vehicle by filing an affidavit that the estate is not indebted and that the surviving spouse and heirs have agreed on dividing the estate (heirs sign the Release of Heirs section); if there was a will that is not being probated, submit a sworn copy of the will and an affidavit that the estate is not indebted. A surviving spouse can use the Application for Surviving Spouse Transfer (HSMV 82152) with the death certificate. If the title is missing, a duplicate (HSMV 82101) or lost-title affidavit is needed.

Requirements for a valid will	Any person of sound mind who is 18 or older, or an emancipated minor, may make a will. The will must be in writing and signed at the end by the testator (or by another person in the testator's presence and at the testator's direction), in the presence of at least two attesting witnesses, who must sign in the presence of the testator and of each other. Source: Fla. Stat. §§ 732.501, 732.502
Handwritten (holographic) wills	No. Florida does not recognize unwitnessed handwritten (holographic) wills or oral (nuncupative) wills. A handwritten will is valid only if it is signed and witnessed like any other will. A holographic or oral will made in another state is not given effect in Florida even if it was valid there. Source: Fla. Stat. § 732.502(1)-(2)
Self-proving affidavit	Yes. A will may be made self-proving when the testator and witnesses acknowledge it and sign affidavits before an officer authorized to administer oaths (such as a notary), using the statutory form. A self-proved will can be admitted to probate without testimony from the witnesses. Source: Fla. Stat. § 732.503

Probate steps	Formal administration: file a petition for administration and deposit the original will with the circuit court clerk; the court issues letters of administration to the personal representative; the personal representative serves a notice of administration on interested persons, publishes a notice to creditors once a week for 2 consecutive weeks and serves it on known or reasonably ascertainable creditors; files a verified inventory of estate property; pays valid claims, expenses and taxes; then files a final accounting and petition for discharge, and the court enters an order of discharge. Source: Fla. Stat. §§ 733.2121, 733.604, 733.901
Simplified probate	Summary administration is available if the will (if any) does not direct regular administration and either the Florida estate subject to administration, less property exempt from creditors (such as protected homestead), is worth no more than $150,000, or the decedent has been dead more than 2 years. A beneficiary or nominated personal representative files the petition; it must be signed and verified by the surviving spouse and the beneficiaries. Before the order, the petitioner must make a diligent search for creditors and provide for known claims. The court then orders distribution directly, without appointing a personal representative. The $150,000 limit comes from 2026 legislation (ch. 2026-57, Laws of Florida); earlier law set the limit at $75,000. Source: Fla. Stat. §§ 735.201, 735.203, 735.206
Small estate affidavit	Florida has no general small estate affidavit. Two limited options exist: (1) a bank may pay a family member up to $2,000 total from deposit accounts or CDs held in the decedent's sole name with no pay-on-death or survivor designation, no earlier than 6 months after death, on a sworn affidavit plus a certified death certificate; (2) 'disposition without administration': if the estate is only exempt personal property plus other personal property worth no more than the preferred funeral expenses and recent medical and hospital expenses, the court may authorize transfer by letter without a full probate. Neither option covers real estate. Source: Fla. Stat. §§ 735.301, 735.303
Deadline for creditor claims	Claims must be filed by the later of 3 months after the first publication of the notice to creditors, or 30 days after a creditor who must be served receives the notice. Late claims are barred unless the court extends the time. In any case, claims are barred 2 years after the date of death unless already timely filed. Source: Fla. Stat. §§ 733.702, 733.710
Who can be executor	A Florida resident who is an adult (18+) and legally competent may serve as personal representative. A person convicted of a felony (or certain elder or disabled-adult abuse offenses), or who is unable to perform the duties, may not serve. A non-resident may serve only if closely related to the decedent: a legally adopted child or adoptive parent, a lineal blood relative, a spouse, brother, sister, uncle, aunt, nephew or niece (or a lineal relative of one of them), or the spouse of a person who would qualify. A bond is required unless the court waives it; authorized banks and trust companies are exempt. Source: Fla. Stat. §§ 733.302, 733.303, 733.304, 733.402
Finding probate court records	Probate (settlement of decedents' estates and granting of letters testamentary) is handled by the circuit court in each county. Images or copies of court files governed by the Florida Probate Rules may not be placed on a publicly available website for general public display, so probate files are obtained from the county where the case was filed. Online restriction: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0028/Sections/0028.2221.html Source: Fla. Stat. 26.012(2)(b); 28.2221(5)(a)

Financial power of attorney	Florida has no fill-in statutory form. A financial power of attorney must be signed by the principal and two subscribing witnesses, and acknowledged by the principal before a notary public. It is durable (survives incapacity) only if it contains the statutory durability wording or similar words showing that intent. The agent must be an adult (18+) or a qualified financial institution with trust powers. Source: Fla. Stat. §§ 709.2104, 709.2105
Health care directive	Health care surrogate designation: in writing, signed by the principal in the presence of two adult witnesses; the surrogate cannot be a witness, and at least one witness must not be the principal's spouse or blood relative. Living will: signed in the presence of two witnesses, one of whom is not the spouse or a blood relative. The statute provides suggested (optional) forms for both. Source: Fla. Stat. §§ 765.202, 765.203, 765.302, 765.303
Official power of attorney forms	Florida does not provide a fill-in statutory financial power of attorney form. A power of attorney must be signed by the principal and by two subscribing witnesses and acknowledged by the principal before a notary public (or as otherwise allowed by s. 695.03); if the principal cannot sign, the notary may sign the principal's name (Fla. Stat. 709.2105). For health care, Fla. Stat. 765.203 gives a suggested form titled "Designation of Health Care Surrogate." Health care surrogate form: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0765/Sections/0765.203.html Source: Fla. Stat. 709.2105; 765.203

Living will / advance directive	Any competent adult may make a living will directing that life-prolonging procedures be provided, withheld or withdrawn if they have a terminal condition, an end-stage condition, or are in a persistent vegetative state. It must be signed in the presence of two subscribing witnesses, at least one of whom is neither the spouse nor a blood relative. If the person cannot sign, one witness signs the person's name in their presence and at their direction. The person is responsible for telling their primary physician the living will exists. Florida law provides a suggested living will form; notarization is not required. Source: Fla. Stat. §§ 765.302, 765.303
Medical power of attorney	Florida calls the agent a "health care surrogate." The designation must be in writing and signed by the principal in the presence of two adult subscribing witnesses (or signed for the principal at their direction in the witnesses' presence). The surrogate cannot be a witness, and at least one witness must be neither the spouse nor a blood relative. An exact copy goes to the surrogate. An alternate surrogate may be named. Florida law provides a suggested designation form; notarization is not required. Source: Fla. Stat. §§ 765.202, 765.203
Revocable living trust	Florida has adopted the Uniform Trust Code as the Florida Trust Code (Chapter 736). A trust is revocable unless its terms expressly make it irrevocable. Important Florida formality: for a settlor who lives in Florida when signing, the parts of a revocable trust that dispose of property at death are invalid unless the trust is signed with the same formalities as a will (signed at the end before two attesting witnesses). Assets must be retitled to the trustee to be governed by the trust; trust property passes under its terms without probate, while assets left outside the trust may require probate or summary administration. Source: Fla. Stat. §§ 736.0403, 736.0602
Ways to avoid probate	Non-probate options in Florida include: pay-on-death bank accounts (Fla. Stat. § 655.82); transfer-on-death registration of securities (Fla. Stat. § 711.50 and following); property in a funded revocable trust signed with will formalities (Fla. Stat. §§ 736.0403, 736.0602); joint ownership with right of survivorship and tenancy by the entirety; and summary administration when the estate subject to administration, less exempt property, is worth no more than $150,000 (raised from $75,000 by ch. 2026-57, Laws of Florida) or the decedent died more than two years ago (Fla. Stat. § 735.201). Florida has no statutory transfer-on-death deed; owners sometimes use an enhanced life estate ("Lady Bird") deed, which is not defined by statute. Source: Fla. Stat. §§ 655.82, 711.50, 735.201, 736.0602

Executor's duties	The personal representative must promptly publish a notice to creditors and serve a copy on known or reasonably ascertainable creditors; claims are due within three months after first publication (or 30 days after service, if later), and all claims are barred two years after death. The representative files a verified inventory listing estate property with estimated fair market values at the date of death (inventories and accountings filed with the clerk are confidential). After paying valid claims, expenses and taxes, the representative files a final accounting and petition for discharge, distributes the estate, and is discharged by the court, which releases the representative and surety. Source: Fla. Stat. §§ 733.2121, 733.604, 733.702, 733.710, 733.901
Letters testamentary	In Florida the circuit court (probate division) issues "Letters of Administration" to the personal representative whether or not there is a will. A petition for administration is filed in the county where the decedent lived, with the original will (deposited with the clerk) and death certificate. The personal representative must be qualified: a Florida resident, or a nonresident who is a close relative (spouse, sibling, parent, child, or certain other relatives) of the decedent; felons and those who cannot perform the duties may not serve. A bond is set by the court unless waived. Florida courts generally require the personal representative to be represented by a Florida attorney. Source: Fla. Stat. §§ 733.302, 733.303, 733.304, 733.402
Affidavit / determination of heirship	Florida has no statutory affidavit of heirship for transferring real estate. Heirs are established by a court proceeding: any interested person may petition the probate court to determine beneficiaries or their shares, a separate civil action to determine beneficiaries may be brought when an estate has not been administered, and summary administration orders can distribute real property in qualifying estates. Source: Fla. Stat. §§ 733.105, 735.201
Transferring a car after death	Title is transferred through the county tax collector (agent of the Florida Department of Highway Safety and Motor Vehicles) using the Application for Certificate of Title (HSMV 82040). If the estate is probated, the personal representative signs the title as seller and provides a copy of the Letters of Administration. Without probate, an heir of an owner who died without a will can title the vehicle by filing an affidavit that the estate is not indebted and that the surviving spouse and heirs have agreed on dividing the estate (heirs sign the Release of Heirs section); if there was a will that is not being probated, submit a sworn copy of the will and an affidavit that the estate is not indebted. A surviving spouse can use the Application for Surviving Spouse Transfer (HSMV 82152) with the death certificate. If the title is missing, a duplicate (HSMV 82101) or lost-title affidavit is needed. Source: Fla. Stat. § 319.28; Hillsborough County Tax Collector, Title Transfer Involving Deceased Owner(s)

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