Do You Have a Plan? Florida Estate Planning Checklist for 2026
Introduction: Why Estate Planning Matters in 2026
If you’re a millennial living in Florida, estate planning may not be the first thing on your to-do list. But in 2026, with increasing financial responsibilities, digital assets, aging parents, and even growing families, now is the time to make sure your affairs are in order. Not just for your future, but for the peace of mind it brings today.
Estate planning isn’t just for the wealthy or the elderly. It’s for anyone who wants to protect what they’ve worked hard for, make sure loved ones are taken care of, and avoid unnecessary legal complications down the road. From appointing someone to make medical decisions if you're incapacitated, to ensuring your kids have a designated guardian if they are minors, the decisions you make now will shape your family’s future if anything happens to you.
This Florida-specific estate planning checklist covers what are considered essential items you should review and have in place — especially if you're navigating adulthood, parenthood, or property ownership in the Sunshine State. It’s straightforward, actionable, and made with you in mind.
Let’s dive into what a smart estate plan looks like in 2026.
Do You Have Any Estate Planning Documents in Place?
Estate planning starts with the basics, and having the right legal documents in place can make all the difference if something unexpected happens. In 2026, it's more important than ever to have a plan that reflects your current life, values, and goals. Florida's probate laws can be complex, and without the right planning, your loved ones may face unnecessary delays and expenses.
Here are the foundational documents every Florida resident (especially those with young families) should consider:
Advance Directives
Advance directives typically include three key documents: the durable power of attorney, the health care surrogate designation, living will declaration. Together, these documents avoid messy and expensive legal issues like guardianships and allow your loved ones to make decisions and manage your affairs if you are unable to communicate or make choices for yourself.
Durable Power of Attorney
This document gives someone legal authority to manage pretty much all of your affairs if you are unable to do so any more. That includes paying bills, handling mail, accessing accounts, and managing real estate or investments. Without it, your family may need to go to court to get a guardianship over you just to handle basic matters.
Designation of Health Care Surrogate
This document names the person you want to make medical decisions on your behalf if you're incapacitated. Choosing a health care surrogate is a crucial step in making sure those decisions are handled by someone who knows and respects your wishes.
Living Will
If you’re unable to communicate or make decisions on your own, a living will tells your Health Care Surrogate whether you wish to have life-prolonging procedures withheld or not in a terminal, non-reversible situation. This document helps ensure that your wishes are respected and prevents any fighting between loved.
A Note About Wills and Probate in Florida
Many people think having a will is enough to avoid probate in Florida, but that’s not true. Having a last will & testament does not avoid probate - it simply tells the probate court how your assets should be split.
Think of a will as a safety net, a back up in case you forgot to account for something that was left in just your name. If you want to avoid the lengthy and sometimes expensive probate process, you will need additional planning tools such as trusts or properly titled assets with designated beneficiaries.
Do You Have Minor Children? Have You Named a Preneed Guardian?
If you have minor children, one of the most important estate planning decisions you can make is naming a preneed guardian. This is the person who would legally care for your children if something were to happen to you and the other parent.
In Florida, you can officially name a preneed guardian through a written declaration. If guardianship ever becomes necessary, this document is submitted to the court and takes effect. Without it, the court will ultimately determine who should take care of your children, and their choice may not reflect your wishes especially if family fights over your children.
Planning for guardianship is not just about who raises your kids. It’s also about who manages the money they may inherit.
Do You Have a Trust in Place?
If your children are young, you may not want them to receive a lump sum inheritance at 18. A revocable living trust allows you to control how and when your children receive money, and who manages those assets in the meantime.
A trust can also help avoid probate, provide financial privacy, and make things smoother for your loved ones during an already difficult time. It is especially important to have a trust in place if a beneficiary is a minor or a person with special needs.
Even if you do not have significant assets, putting a trust in place shows forethought and responsibility. It's a practical way to protect your children both emotionally and financially. And as your family, estate and assets grow, the Trust can be amended to adapt to your changing life and wishes.
When Was the Last Time You Reviewed Your Estate Plan?
Estate planning is not a one-and-done task. Life changes, and so should your plan. If you created your estate documents a few years ago, it’s a good idea to revisit every 2 to 3 years and make sure they still reflect your wishes, relationships, and financial situation.
Have There Been Major Life Changes?
Marriage, divorce, the birth of a child, a new home, or a significant financial shift are all reasons to update your plan. Even without major events, laws and tax rules can change, especially in Florida, so regular reviews are a smart move.
Who Is Your Executor or Personal Representative?
Your executor — officially called a personal representative in Florida — is the person responsible for handling your estate after you pass away. This includes paying debts, filing documents, and distributing assets. If your chosen person is no longer available or appropriate, it’s time to update your documents.
Do They Know Where to Find Everything?
Even the best estate plan won’t help if no one can find it. Make sure your executor and any trusted family members know where your original documents are stored. Consider keeping a digital backup or listing out your account information and contacts in a secure location.
It is strongly recommended you AVOID using bank safe deposit boxes as it creates issues that typically result in some kind of court process to get access to the bank safe deposit box.
Taking the time to review and communicate your plan can prevent confusion and conflict later on.
Are You Set Up to Avoid Probate in Florida?
Probate is the legal process that takes place after someone passes away. It can be time-consuming, expensive, and it is public. Many people assume that having a will avoids probate, but in Florida, that’s not the case. A will still goes through probate unless additional steps are taken.
If you want your loved ones to avoid the delays and costs of probate, you need to plan accordingly.
Have You Designated Beneficiaries on Your Accounts?
One of the simplest ways to avoid probate is by naming beneficiaries directly on accounts like life insurance, retirement plans, and bank accounts. These are often called “payable on death” (POD) or “transfer on death” (TOD) designations. When done correctly, these assets pass directly to your chosen person without court involvement.
Are Your Assets Jointly Owned?
For jointly owned property, such as a home or bank account, ownership can transfer to the surviving co-owner without going through probate. In Florida, “joint tenancy with rights of survivorship” or “tenancy by the entirety” (for married couples) can help ensure a smooth transition.
Have You Used a Trust for Major Assets?
A revocable living trust is a powerful tool for avoiding probate. When assets are titled in the name of the trust, they do not pass through probate and can be managed immediately by your chosen trustee - the person you leave in charge. This provides a faster and more private transfer of your estate.
Avoiding probate is not about avoiding responsibility. It's about reducing stress and confusion for your loved ones during a difficult time.
Do You Have a Trust That You Haven’t Funded?
Creating a trust is a smart move, but it only works if it’s properly funded. That means transferring your assets into the name of the trust. Unfortunately, many people go through the trouble and expense of setting up a trust but never complete this crucial final step.
If your trust is not funded, your assets will likely still go through probate, the very thing you are trying to avoid with a trust.
What Does It Mean to Fund a Trust?
Funding a trust involves changing the titles of your assets so they are owned by the trust rather than you as an individual. This may include:
Retitling real estate in the name of the trust
Updating bank and investment accounts
Assigning ownership of business interests
Including personal property through a transfer document
Why It Matters
If an asset is not titled in the name of the trust, it will not be governed by the terms of the trust. This defeats the purpose of creating it in the first place. A trust only controls what it owns.
When setting up a trust, a good estate planning attorney will also set up a “pour-over” last will & testament designed to ensure that if any assets end up in probate, they are distributed to the trustee and then handled under the trust terms.
Take Action
If you're unsure whether your trust is fully funded, now is the time to review your assets and work with an estate planning attorney to make sure everything is properly transferred. An unfunded trust is a missed opportunity and may leave your family dealing with avoidable legal complications.
What to Do Next: Take Control of Your Florida Estate Plan
Estate planning in Florida is not just about preparing for emergencies. It is about making thoughtful decisions now that will protect your family, your assets, and your future. Whether you are starting from scratch or updating an existing plan, this checklist can help you identify what is missing and give you a clear path forward.
Here is a quick recap of what you should have in place, especially if you have minor children:
Essential documents like a durable power of attorney, healthcare surrogate designation and living will declaration.
If you have minor children, a designated preneed guardian and a trust is always recommended
A plan that is reviewed regularly and updated after major life changes
Proper ownership titling of assets and beneficiary designations to avoid probate
A funded trust if you have already created one
Taking action today means fewer complications for your loved ones when you are no longer here to help them. You do not need to have everything figured out at once — you just need to take the first step.
Ready to take that first step with us? Schedule a consultation with our firm and let us help you build a Florida estate plan that works for you.