Estate Planning Attorney

Quick Answers on Florida Estate Planning

Florida has no state estate tax and no state income tax. Estate plans here only need to address federal estate tax (currently applying above a multi-million-dollar federal exemption per person).
A will from another state is generally valid in Florida, but homestead, elective share, and tax provisions usually need updating after relocation.
Florida's elective share (Statute 732.2065) guarantees a surviving spouse 30% of the elective estate. A spouse cannot be fully disinherited.
A revocable living trust avoids probate. A will alone does not. Assets in the will must still go through court administration.
Out-of-state powers of attorney and healthcare documents may not be honored by Florida banks and providers. New residents should execute Florida-form versions.
Florida homestead protection is unlimited by value for primary residences within the acreage limit (½ acre municipal, 160 acres rural).
Most complete estate plans are signed within two to three weeks of initial consultation.

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What does the firm's estate planning practice cover?

Brett Halperin leads the firm's estate planning, probate, trust administration, elder law, and asset protection practice. Our work covers six areas:

Will and trust drafting. Last Wills and Testaments, Revocable Living Trusts, Pour-Over Wills, and specialized trust structures (irrevocable life insurance trusts, qualified personal residence trusts, special needs trusts).

Powers of attorney and healthcare documents. Durable Powers of Attorney, Designations of Healthcare Surrogate, Living Wills, and HIPAA Authorizations drafted under Florida law.

Trust funding and administration. Setting up the trust is only half the work. We retitle assets into the trust and walk clients through ongoing funding for accounts that come online after the initial signing. For existing trusts, we handle trustee succession, accountings, and beneficiary disputes.

Florida residency and snowbird planning. Helping clients establish Florida domicile correctly, file Declarations of Domicile, and structure plans that capture Florida's tax and homestead advantages. See our guide on estate planning for Florida snowbirds.

Asset protection planning. Florida is one of the most debtor-friendly states in the country. We structure homestead, tenancy by the entireties, LLCs, and trust planning to maximize the protections Florida law affords. Our companion asset protection practice covers the framework in detail.

Probate. When a death occurs, our probate practice handles formal and summary administration, ancillary administration for out-of-state estates, and contested matters in the 15th Judicial Circuit Probate Division.

Florida estate planning service areas

The firm serves clients throughout South Florida from offices in West Palm Beach and Boca Raton.

Area	Geographic coverage
West Palm Beach, FL	Downtown, El Cid, Flamingo Park, Northwood, Grandview Heights, SoSo, Flagler Drive, Clematis Street area
Boca Raton, FL	Downtown Boca, Mizner Park area, Royal Palm Yacht & Country Club, Boca West, Sanctuary, Boca Bath & Tennis
Palm Beach County (county-wide)	Wellington, Jupiter, Delray Beach, Lake Worth, Greenacres, Royal Palm Beach, Palm Beach Gardens, Boynton Beach, and unincorporated PBC
Broward County, FL	Fort Lauderdale, Hollywood, Pompano Beach, Coral Springs, Plantation, Davie, and surrounding municipalities

What makes Florida estate planning different from other states?

Three things set Florida apart, and they all affect how a plan gets drafted.

No state estate tax, no state income tax. Florida is one of the most tax-friendly states in the country for estate purposes. Estates only face federal estate tax, and only on amounts above the federal exemption. For retirees relocating from high-tax states like New York, New Jersey, or Massachusetts, establishing Florida domicile is often the single biggest estate planning move.

Unlimited homestead protection. Florida's constitutional homestead shields your primary residence from most creditors with no dollar cap, only an acreage limit (half an acre inside municipal boundaries, 160 acres outside). Other states cap homestead at a fixed dollar amount. Florida's protection is unlimited by value, which is one reason high-net-worth individuals frequently relocate here.

A mandatory 30% elective share for surviving spouses. Under Florida Statute 732.2065, a spouse cannot be fully disinherited. The elective share extends to an "expanded estate" that includes most non-probate transfers, not just probate assets. Plans drafted in states without an elective share regime often need restructuring when a client establishes Florida residency.

Will vs. revocable living trust: which one do you need?

A will handles most modest estates adequately. A revocable living trust adds a layer of cost during planning but produces meaningful benefits for larger or more complex estates.

Feature	Will only	Revocable Living Trust
Goes through probate	Yes, full court-supervised administration	No, assets in the trust skip probate entirely
Privacy	Public record (PBC Clerk)	Private, no public filing required
Out-of-state property	Each state requires its own probate (ancillary)	One trust covers all states
Cost to set up	Lower	Higher (drafting + funding)
Cost at death	Higher (probate fees scale with estate value)	Lower (private administration)
Speed of distribution	6 to 12 months for uncontested formal administration	Weeks, not months
Guardianship for minors	Yes, wills name guardians	No, guardian designation must be in a pour-over will
Best for	Estates under $500K, single-state assets, simple family	Estates over $500K, multi-state property, blended families, business interests

Our deeper comparison is in why Florida residents are choosing living trusts over wills. Setting up the trust is only half the job. Assets have to be retitled, a step many DIY plans miss. We walk through this in how to fund a Florida trust.

Relocating to Florida or updating an old plan?

Free initial consultation. We review your existing documents, identify Florida-specific gaps, and quote flat fees for any rework. Call (561) 672-1161 or submit through the contact form.

Florida estate plan: timeline and cost

Plan complexity	Timeline	Typical scope
Simple plan	1 to 2 weeks	Will, POA, healthcare surrogate, living will, HIPAA. Single state, modest estate, no business interests.
Standard revocable trust plan	2 to 3 weeks	Revocable Living Trust, pour-over will, full ancillary documents, initial funding instructions.
Complex multi-state plan	4 to 8 weeks	Multi-state property, blended family considerations, business succession, asset protection structuring.
High-net-worth / tax-driven plan	2 to 6 months	Federal estate tax planning, ILITs, QPRTs, GRATs, advanced trust structures, coordination with tax counsel.

Routine estate planning work is handled on a flat-fee basis with cost certainty disclosed before engagement. Complex tax-driven matters may use alternative billing arrangements.

What does a complete Florida estate plan include?

A complete Florida estate plan typically contains seven documents:

Last Will and Testament. Names beneficiaries, appoints a personal representative (Florida's term for executor), and designates guardians for minor children.
Revocable Living Trust. Holds titled assets outside of probate and directs their distribution. Most useful when the estate includes real estate in multiple states, business interests, or significant non-retirement financial assets.
Pour-Over Will. Works alongside a trust to catch any assets that weren't retitled into the trust during life.
Durable Power of Attorney. Authorizes someone to handle finances if you become incapacitated. Florida law requires specific formalities. See our breakdown on why a durable POA matters in Florida.
Designation of Healthcare Surrogate. Names who makes medical decisions if you can't. Florida separates this from the financial POA.
Living Will. Specifies preferences for end-of-life care. Covered in detail in our guide to Florida living wills and healthcare surrogates.
HIPAA Authorization. Allows designated people to access your medical information.

What most people miss

For snowbirds and recent relocators, the biggest estate planning issue isn't the documents themselves: it's establishing Florida residency in a way that holds up to scrutiny from the prior state's tax authority. New York, New Jersey, Massachusetts, California, and Illinois all have aggressive residency audit teams that target former residents who claim Florida domicile but maintain ongoing ties to the old state.

What actually works: filing a Florida Declaration of Domicile with the PBC Clerk, voting in Florida, getting a Florida driver's license, registering vehicles in Florida, switching to a Florida-form will and POA, moving primary banking and brokerage to Florida-based institutions, and spending more than half the year in Florida. The documents reinforce the move, but they don't substitute for actually living here. Plans built on shaky residency get pulled apart in audits.

Why work with Kelley, Grant & Tanis, P.A.

Brett Halperin leads the firm's estate planning, probate, trust administration, elder law, and asset protection practice. Brett earned his JD from the University of Florida Levin College of Law and his Bachelor's in Economics from the University of Florida, where he was a member of Florida Blue Key. He volunteers with the Mission United Veterans Pro-Bono Legal Project and the Jewish Federation of South Palm Beach County. He's a member in good standing of the Florida Bar. Full attorney bios on our attorneys page.

The firm has two offices in South Florida:

West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401
Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432

Estate planning integrates with the firm's probate, asset protection, real estate, title insurance, and association law practices.

Frequently Asked Questions

Does Florida have an estate tax?

No. Florida has no state estate tax and no state inheritance tax. Estates only face federal estate tax, and only on amounts above the federal exemption (currently in the multi-million-dollar range per person).

Do I need a will or a trust in Florida?

Every Florida resident with assets or minor children should have at least a will. Whether you also need a revocable living trust depends on estate size, asset complexity, and whether you own property in multiple states. Trusts add cost during planning but save substantially on probate at death. The breakeven is typically around $500,000 in non-retirement assets, but blended families and multi-state property change the math significantly.

What happens if I move to Florida and have an out-of-state estate plan?

Your will is probably still valid (Florida recognizes wills executed under the law of the state where signed), but it may not capture Florida's homestead rules, elective share, or tax advantages. Your revocable trust still holds your assets but may need provisions updated. Your financial power of attorney may not be accepted by Florida banks. Your healthcare documents should be replaced with Florida-form versions. A new resident review typically takes one to two weeks.

How often should I update my Florida estate plan?

Every three to five years, and immediately after any major life event: marriage, divorce, birth of a child, death of a beneficiary, significant change in assets, or a move between states. More on timing in our article on how often you should update your Florida estate plan.

What is Florida's elective share for surviving spouses?

Florida Statute 732.2065 guarantees a surviving spouse 30% of the "elective estate," an expanded definition that includes probate assets plus most non-probate transfers. A spouse cannot be fully disinherited in Florida. Pre-marital and post-marital agreements can waive the elective share but require specific formalities.

What happens if I die without a will in Florida?

The estate is distributed under Florida's intestacy statute, Chapter 732. The order is fixed: spouse first, then descendants, then more distant relatives. Unmarried partners and stepchildren who weren't legally adopted receive nothing under intestacy. Full breakdown in our guide to Florida intestacy laws.

How long does it take to set up a Florida estate plan?

For most clients, two to three weeks from initial consultation to fully signed documents. Complex estates with business succession or multi-state assets can take longer. Funding the trust (retitling assets) typically continues for several months after the documents are signed.

Can a Florida estate plan be done remotely?

Yes. Most consultations, document reviews, and revisions can be handled remotely. Final document signing in Florida requires specific witness and notary formalities, but remote online notarization (RON) is now available in Florida for most estate planning documents. We can coordinate either remote signing or in-office signing at our West Palm Beach or Boca Raton office.

Schedule Your Estate Planning Consultation

Free 30-minute consultation with a Florida estate planning attorney. We serve Palm Beach County, Broward County, and clients establishing Florida residency from out of state.

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