If you are a parent living in Florida, two questions probably keep you up at night: Who would raise your kids if something happened to you, and who would handle the money and the medical calls? This Florida estate planning checklist answers both by walking parents through the five estate planning documents that put those decisions in your hands instead of a judge’s.
Why Florida parents can’t put this off
When a parent dies without a plan, the state fills in the blanks. Florida’s intestacy law decides who inherits, and a Florida court decides who raises your minor children and controls any money they receive. The judge does their best, but they never met you, so they do not know which relative you trust and which one you would never choose.
Having an estate plan is not just a concern for retirees or the ultra rich. Many of the parents we sit down with are in their 30s and 40s, of average means, with young kids. Little do they realize, they are the most at stake because their children are still minors.
The fix is straightforward: a short set of documents tells the court exactly what you want. If you have wondered what will happen to your child if you die without a plan, that post goes deeper on the guardianship side.
The 5 documents every Florida parent needs
Here is the checklist for parents:
- Designation of Pre-Need Guardian names who raises your kids.
- Last Will and Testament distributes your assets and names a guardian.
- Durable Power of Attorney lets someone handle your finances if you can’t.
- Designation of Health Care Surrogate names who makes your medical decisions.
- Living Will states your end-of-life treatment wishes.
1. Designation of Pre-Need Guardian (who raises your kids)
This is the one most parents have never heard of, and the one we would not let a parent leave our office without. A Designation of Pre-Need Guardian is a written statement naming who you want to raise your minor children if both parents die or become incapacitated, governed by Florida Statute section 744.3046.
If a court later has to appoint a guardian, your named choice creates what the law calls a rebuttable presumption: the judge is supposed to honor your pick unless there is a strong reason not to. Without it, the decision is left entirely to the court.
The declaration must be signed before at least two witnesses present at the same time, and you can name an alternate. One honest caveat: if one parent survives, that surviving parent’s rights usually come first, so single-parent and blended families have nuances worth talking through, which we cover on our pre-need guardian designation page.
2. Last Will and Testament
Your will does three jobs. It says who gets your assets, names a personal representative to carry out your wishes, and, for parents, names a guardian for your minor children.
Wills fall under Chapter 732, and Florida is strict about how they are signed. A will needs two witnesses, notary, and should contain a self-proving affidavit. Florida does not recognize handwritten (holographic) wills unless they are properly witnessed and executed, and most are not, so a note in a drawer will not hold up.
This is where DIY and online templates get parents into trouble, because they often miss Florida’s execution rules. A properly drafted last will and testament is the backbone of the plan; our guide to the types of wills in Florida covers more.
3. Durable Power of Attorney
A Durable Power of Attorney lets a trusted person handle your finances if you become incapacitated. The word “durable” is the key part: the document keeps working even after you can no longer make decisions for yourself.
Florida no longer recognizes “springing” powers that only kick in once you are declared incapacitated, so a Florida durable power of attorney is effective when you sign it. Skip it, and your family may have to ask a court for guardianship just to pay your bills.
4. Designation of Health Care Surrogate
This document names the person who makes medical decisions for you if you cannot speak for yourself. It falls under Chapter 765, and most families pair it with a HIPAA authorization so the surrogate can see your medical records and talk to your doctors, as our health care directive page explains.
5. Living Will (advance directive)
A Living Will spells out your wishes for end-of-life care, specifically regarding life support and resuscitation. It also lives under Chapter 765 and works alongside your designation of health care surrogate document, rather than replacing it.
One clarification, because the names confuse people: a living will is not your “last will.” The last will deals with property after death; the living will, with medical treatment while you are alive.
Will vs. trust in Florida: why most parents of minor children want a trust
This is the question almost every parent asks, and for families with young kids our usual answer is yes, you want a revocable living trust. Here is the reason. If a minor inherits money directly, through a will or as a named beneficiary, Florida courts will not simply hand it to the child. A judge appoints a guardian of the property to manage the money under court supervision, with annual accountings and legal fees, until the child turns 18. On that birthday the child receives whatever is left, all at once. Few parents want an 18-year-old to inherit that way.
A revocable living trust is built to solve both problems. The trust holds your children’s inheritance, a trustee you name manages it, and the money is released at the ages and for the purposes you choose, tuition, a first home, help starting out, rather than in a single lump sum at 18. It also keeps that inheritance out of a court-supervised guardianship. That is the difference that matters most to parents, and it is why a trust sits at the center of most plans we build for families with minor children.
A trust earns its keep in other situations too: blended families, property in more than one state, and privacy, since a trust is not part of the public probate record. A will still does real work alongside it. It names the guardian who raises your kids and directs anything the trust does not hold, often paired with beneficiary designations and sometimes a lady bird deed to keep the house out of probate. To see how the pieces fit together, a revocable living trust is worth a conversation, and our post on the difference between a will and an estate plan digs in further.
Don’t forget beneficiary designations
Your will does not control everything. Accounts with a named beneficiary, including life insurance, retirement accounts like a 401(k) or IRA, and any payable-on-death or transfer-on-death account, pass straight to that person and skip your will entirely.
The classic trap is an old form that still names an ex-spouse or someone who has since passed, so review every form and confirm it matches your current wishes. For parents: avoid naming a young child directly as beneficiary of a large sum, since a minor cannot legally manage it and the money would land in a court guardianship until 18. This is when utilizing a trust is key: name your trust as the beneficiary instead, so the same trustee and the same instructions cover everything your kids receive. Our explainer on TOD and POD designations covers the Florida rules.
Common mistakes, and when to update your plan
A few patterns come up again and again:
- Never naming a guardian, which leaves the choice entirely to a judge
- Relying on a DIY or online will that fails Florida’s signing rules
- Leaving money directly to a minor with no trust or structure in place
- Forgetting to update beneficiary forms after a divorce or a death
- Assuming a will avoids probate (on its own, it does not); our post on what probate is and how to avoid it explains the rest
An estate plan is not a one-time task. Revisit yours after major life changes and every three to five years otherwise, and for parents the guardian choice deserves the closest attention as kids grow.
Frequently Asked Questions
What are the 5 essential estate planning documents in Florida?
For parents, the core five are a Designation of Pre-Need Guardian, a Last Will and Testament, a Durable Power of Attorney, a Designation of Health Care Surrogate, and a Living Will. Many families also add a HIPAA authorization and, depending on their situation, a revocable living trust.
What is a preneed guardian in Florida?
A preneed guardian is the person you name in advance to raise your minor children if both parents die or become incapacitated. Florida Statute section 744.3046 lets parents make this written designation before two witnesses, and a court gives your named choice preference unless there is a strong reason against it.
Do I need a trust, or is a will enough in Florida?
If you have minor children, you usually want a revocable living trust. Without one, a child’s inheritance runs through a court-supervised guardianship of the property and is handed over in full at 18. A trust lets a trustee you choose manage the money and release it at the ages you set. A will still names your children’s guardian and works alongside the trust, often with beneficiary designations and sometimes a lady bird deed.
Is an online or handwritten will valid in Florida?
Florida does not recognize handwritten (holographic) wills unless the will is properly witnessed and executed. Most handwritten wills are not properly witnessed and are therefore invalid. Online templates also often miss these execution rules, which can make the document fail when your family needs it.
How often should I update my estate plan?
Review your plan after major life events such as a new child, a marriage or divorce, a move, or the death of a named guardian or agent, and every three to five years otherwise.
Talk directly with a Florida estate planning attorney
Getting these documents in place does not take long. At PTM you talk directly with a Florida-licensed attorney, not an intake service or an online form. For estate planning, that often means working with attorney Blakely S. Moore, who focuses on wills, revocable trusts, durable powers of attorney, and guardianship designations for Florida families. We serve all 67 counties from Gainesville by phone, email, and Zoom, and we will explain our flat-fee options upfront and in writing before any work begins.
Ready to protect your kids and your peace of mind? Book your free 15-minute consultation or call us at (352) 554-5576. You can also reach our team here to talk directly with Blakely Moore.