Article · September 3, 2026

Getting your affairs in order: a Florida estate planning checklist

A practical checklist for Florida families: the documents to have in place, the information to gather, and the conversations that make things easier for the people you love.

By Season A. Chisholm · Attorney & Founder, Spanski Law, PLLC
Published September 3, 2026 · Reviewed September 2026

Getting your affairs in order is one of the most considerate things you can do for your family. When documents are signed, records are organized, and the people you have chosen know what to expect, a difficult time can be easier for everyone involved.

The core documents

  • A will, or a revocable living trust with a pour-over will.
  • A durable power of attorney for financial matters.
  • A health care surrogate designation for medical decisions.
  • A living will stating your wishes about end-of-life care.
  • A HIPAA authorization so family members can speak with your doctors.
  • A Lady Bird deed or a transfer to your trust for your home, when appropriate.

Information to gather

Your personal representative, who settles your estate, and your agents under a power of attorney will need to find your accounts and records. A written list, kept with your estate planning documents, should include:

  • Bank, brokerage, and retirement accounts, with the name of each institution and the last four digits of each account number.
  • Life insurance policies and annuities.
  • Real estate, including your Florida homestead and any property in another state.
  • Vehicles, boats, and other titled property.
  • Debts such as mortgages, loans, and credit cards.
  • Contact information for your financial advisor, CPA, and insurance agent.
  • A secure record of how to access important online accounts.

Review your beneficiary designations

Retirement accounts, life insurance, and payable-on-death accounts pass to the beneficiaries named with each company, regardless of what your will says. Request a copy of each designation and confirm it matches your current wishes, especially after a marriage, a divorce, or a death in the family.

Confirm your Florida residency

If you moved to Florida from another state, make your Florida residency clear. Apply for the homestead exemption with your county property appraiser by March 1, obtain a Florida driver license, register to vote in Florida, and consider filing a Declaration of Domicile with the clerk of the circuit court in your county. These steps help establish that Florida law governs your estate.

Keep originals safe and easy to find

Store your original documents in a secure, fire-resistant place, and tell your personal representative and agents where they are. Give your health care surrogate a copy of your health care documents, and consider giving a copy to your doctor as well.

Talk with the people you have chosen

Let your personal representative, trustee, agents, and health care surrogate know they have been named, and confirm that they are willing to serve. A brief conversation about your wishes, including your preferences for medical care, can prevent confusion and disagreement later.

Review the plan regularly

Review your plan every three to five years, and after any major change, such as a marriage, a divorce, a move, a new grandchild, or a significant change in assets. Both Florida law and family circumstances change over time.

The Florida Estate Planning Checklist from Spanski Law covers these items in more detail. Attorney Season A. Chisholm can review your documents with you. The first step is a complimentary 15-minute call or in-person consultation.

Common questions

What documents should every Florida adult have?

At a minimum, a will, a durable power of attorney, a health care surrogate designation, a living will, and a HIPAA authorization. Homeowners should also plan how their home will pass, often through a Lady Bird deed or a trust.

Where should I keep my estate planning documents?

Keep the originals in a secure, fire-resistant place and tell your personal representative and agents where to find them. Your health care surrogate should have copies of your health care documents.

How often should I review my estate plan?

Every three to five years, and after any major life event, such as a marriage, a divorce, a move, a birth, a death in the family, or a significant change in assets.

Learn more

General information for Florida families, not legal advice, and not a substitute for a conversation about your own circumstances.

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