Florida Estate Planning: Wills, Powers of Attorney and Estate Taxes
Written by Jose M. Lorenzo, Jr., Florida probate attorney · Updated August 2026
Estate planning gets talked about as though it were one decision. It isn’t. It is a small set of documents, each doing a narrow job, and the trouble almost always comes from the one nobody got around to signing.
We write about this as probate attorneys — which is to say, we spend our days seeing which plans held up and which ones didn’t.
Florida estate planning: the short answers
| Does Florida have an inheritance tax? | No. Florida does not have a state inheritance tax or a state estate tax. Federal estate tax applies only if the gross estate exceeds $15 million in 2026, at a 40% rate above that threshold. |
| What about married couples? | Using portability, a surviving spouse can claim the deceased spouse’s unused exemption, shielding up to $30 million. |
| Is an online will valid in Florida? | Yes. Florida’s Electronic Wills Act has been in force since 2020, and § 732.522 permits electronic signing with witnesses appearing by video and a notary supervising online. Two witnesses must still sign. |
| Does a power of attorney end at death? | Yes — it terminates when the principal dies. An agent who acts outside the statute can be personally liable for restitution under § 709.2117. |
Does Florida have an inheritance tax or an estate tax?
Florida does not have a state inheritance tax or a state estate tax. Florida residents are subject to federal estate tax only if the gross estate exceeds $15 million in 2026 — the individual exemption stabilized at that figure by the One Big Beautiful Bill Act — and estates above it face a 40% rate on taxable assets. Married couples can use portability to shield up to $30 million combined.
For the overwhelming majority of Florida families, that means no death tax at all. The common misconception is that “no inheritance tax” means no tax consequences whatsoever, which is not the same thing — heirs can still face income tax and capital gains questions on what they receive.
Full guide: Does Florida Have an Inheritance Tax?
Is an online will valid in Florida?
Yes. Florida’s Electronic Wills Act has been in force since 2020, and section 732.522 lets you sign a will electronically, with witnesses appearing by video and a notary supervising the session online. Two witnesses still have to sign.
The question the will-writing websites do not answer is whether the resulting will is self-proved. A will that is not self-proved can still be admitted, but somebody has to go find a witness years later and prove it — which is slower, more expensive, and occasionally impossible.
Full guide: Florida Online Wills: A Probate Lawyer’s Guide
Does a power of attorney end at death in Florida?
Yes. A Florida power of attorney terminates when the principal dies. This is the single most common misunderstanding we encounter: families keep using the document to move money after a death, believing it still works. It does not, and an agent who violates the power of attorney statute is liable under § 709.2117 to the principal’s successors for restitution — putting things back where they were — and for related amounts.
Full guides: Does a Power of Attorney End at Death in Florida? · Florida Power of Attorney · Carta Poder en Florida
What is a contingent beneficiary?
A contingent beneficiary is the person who inherits if the primary beneficiary cannot — usually because they died first, disclaimed, or cannot be found. Naming one is the cheapest insurance in estate planning, and leaving the field blank is one of the quickest ways to send an asset into probate that was designed to avoid it.
Full guides: Contingent Beneficiaries Under Florida Estate Law · Beneficiary Designations
Which documents does a Florida estate plan actually need?
A will decides who receives what — but only after death, and only for assets that pass through the estate. A durable power of attorney handles money while someone is alive and cannot manage it. A designation of health care surrogate and a living will cover medical decisions and end-of-life wishes, which are different questions handled by different documents.
Full guides: Estate Planning in Florida: Key Reasons to Start Now · Designation of Health Care Surrogate · Living Will in Florida · Florida Health Care Surrogate
Every Florida estate planning guide
- Estate Planning in Florida: Key Reasons to Start Now
- Florida Online Wills: A Probate Lawyer’s Guide
- Does a Power of Attorney End at Death in Florida?
- Medical Power of Attorney: Designation of Health Care Surrogate
- Living Will in Florida
- Does Florida Have an Inheritance Tax?
- Contingent Beneficiaries Under Florida Estate Law
- Beneficiary Designations
- Establishing a Florida Domicile
- Estate Planning for Widows in Florida
- Testamentos en Florida — en español
Related pages
Miami Estate Planning Attorney · Coral Gables Estate Planning Lawyer · Online Estate Planning Florida · Florida Trusts Guide · Florida Probate Guide
Not sure what you already have?
Bring us what has been signed. We will tell you what it covers, what it does not, and whether anything needs to change. Call (305) 224-6811 or start here.