Signing your estate planning documents is an important milestone. In Florida, that often includes a Last Will and Testament, a Revocable Living Trust, a Durable Power of Attorney, a Designation of Health Care Surrogate, and a Living Will. Once these are complete, many people breathe a sigh of relief—only to realize they now have new questions: What do I do next? Where should I keep everything? How often should I update my plan?
Below are answers to the most common questions Floridians ask after finalizing their estate plans.
In Florida, the original Last Will and Testament must be filed with the probate court within 10 days of death. For that reason, it’s important that your personal representative (executor) knows where the original is located. A fireproof safe at home or your attorney’s office are good options.
Avoid keeping your only original in a bank safe deposit box—Florida banks often restrict access to the box until a court order is issued, which can delay probate.
At a minimum:
In Florida, health care directives can also be given to your primary care physician or uploaded into your hospital’s electronic records system.
Yes. Florida probate law makes a distinction between assets that pass through probate and those that transfer automatically by beneficiary designation (such as retirement accounts, life insurance, and payable-on-death bank accounts).
If your beneficiary designations don’t match your estate plan, you may unintentionally disinherit someone or force assets through probate. Review them carefully to ensure they coordinate with your trust or will.
If you’ve signed a revocable living trust, the next step is funding—retitling assets into the trust’s name. Common assets to transfer include:
If a trust isn’t properly funded, those assets may still go through Florida probate. One advantage of a funded trust is that it allows your family to avoid probate’s delays and expenses entirely.
In Florida, it’s wise to review your plan:
Florida law also has some unique provisions to watch: for example, certain spousal rights (like elective share and homestead protections) can override your will if not planned for carefully.
Yes. Most estate planning documents in Florida can be updated:
Irrevocable trusts are more difficult to change, but in some cases Florida law allows modification with court approval or beneficiary consent.
Not necessarily. In Florida, there’s no legal requirement that you distribute copies of your will or trust during your lifetime. Some clients prefer to maintain privacy, while others share copies right away to avoid surprises later.
What’s most important is that your chosen fiduciaries (personal representative, trustee, agents) know your wishes and how to access the documents when the time comes.
Florida has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, which allows your fiduciaries to manage digital accounts if your estate planning documents grant that authority.
To make this practical, provide your executor or trustee with instructions on how to access your accounts—whether that’s through a password manager, secure list, or other system.
In Florida, estate planning doesn’t stop at signing the documents. The next steps—funding your trust, updating beneficiary designations, communicating with your fiduciaries, and reviewing your plan regularly—are just as important. By following through, you make sure your plan works as intended and spares your loved ones unnecessary probate proceedings, expenses, and stress.
Already have a plan but need to update it? Schedule a complimentary call with us today.
