Can Florida Residents Do DIY Estate Planning Without an Attorney?
Florida law gives adults wide latitude to write their own wills, name agents under a power of attorney, and set up beneficiary designations without hiring a lawyer. That freedom, however, comes with technical rules that can void a document or trigger expensive probate fights if something is off. The short answer is yes, you can handle portions of estate planning yourself in Florida. The better answer is that you should be surgical about what you do on your own, and know where legal nuance, court procedures, and tax issues make professional help well worth the cost.
I have seen homemade wills that did exactly what the person wanted for almost no expense. I have also seen handwritten edits on a will invalidate the whole plan and send a family through a two‑year probate they could have avoided with one counseling session. Estate planning is part law, part logistics, part family dynamics. The law tolerates a lot of do‑it‑yourself effort. Reality does not always forgive it.
What “DIY” Actually Covers Under Florida Law
Do‑it‑yourself estate planning tends to mean filling out forms, using online templates, or drafting documents from scratch following directions. Florida recognizes those documents if they meet statutory requirements. For instance, a will must be in writing, signed at the end by the testator, and witnessed by two people who sign in the testator’s presence and in each other’s presence. There is no requirement that a lawyer draft it, and notarization is not required for validity, though it is important for making a will “self‑proved” so the court does not need witness testimony later.
Other planning components are equally accessible. Beneficiary designations on life insurance and retirement accounts pass property outside probate when properly filled out and maintained. Transfer on death (TOD) or payable on death (POD) designations can be added to many bank and brokerage accounts. A simple durable power of attorney can be executed using Florida’s extensive statute and model forms as a guide. The challenge lies in the nuance. Florida’s power of attorney law, for example, requires specific “superpower” grants to be initialed separately if you want your agent to create or change beneficiary designations or to make certain trust moves. Miss that detail and your agent will face a hard stop when they most need flexibility.

Trusts are also possible to draft without counsel, especially a straightforward revocable living trust designed to avoid probate. But trust funding, coordination with titles and deeds, and successor trustee language usually benefit from experience. The wording that looks like boilerplate often solves problems you will not see until years later, such as incapacity, remarriage, creditor claims, or a child’s divorce.
The Legal Ground Rules You Cannot Ignore
If you want to handle some or all of your plan yourself, start by understanding the nonnegotiables.
Witnessing and notarization: Wills need two witnesses who observe you sign and who sign in each other’s presence. Add a self‑proving affidavit signed by you and the witnesses in front of a notary to streamline probate. Powers of attorney must be signed with the same formalities as a will in Florida, which means two witnesses and a notary. Health care advance directives require two witnesses, and at least one of them cannot be your spouse or blood relative.
No holographic wills: Florida does not recognize handwritten wills that are not properly witnessed, even if valid in another state. A fully typed will with proper witnesses is fine. A handwritten will with witnesses can be valid, but as a practical matter these often miss key clauses.
Elective share and homestead: If you are married, your plan cannot fully disinherit your spouse without consent. Florida’s elective share, an approximately 30 percent right in the elective estate, can upend DIY plans that ignore it. Homestead rules are even more specific. You generally cannot devise your primary residence in a way that disinherits a surviving spouse or minor child. A misplaced homestead clause can force unintended ownership by a spouse or minor children, or lock the property into a life estate.
Digital and electronic wills: Florida permits electronic wills under strict protocols, including qualified custodians and specific witness procedures over live audio‑video. Casual e‑signing does not meet these standards. If you are doing this DIY, treat it like a specialized project that must follow the statute line by line.
Out‑of‑state property: Real estate outside Florida is governed by the laws of the state where it sits. A Florida will can still cover it, but expect an ancillary probate in that state unless you use planning that avoids probate there. Templates rarely address the mechanics of multiple jurisdictions.
These are the areas where I see the most preventable problems. If you are determined to draft documents yourself, set aside a half day to read the relevant sections of the Florida Statutes or the Florida Bar’s consumer pamphlets and cross‑check the formalities. The law will not bend because the form you used was popular online.
Where DIY Works Well
There are situations where Florida residents regularly succeed with a DIY approach, often with little risk.
A single adult with modest assets, no real property, and a clear beneficiary plan can do a simple will leaving everything to one person and naming a back‑up. Add a durable power of attorney, a designation of health care surrogate, and a living will. Keep beneficiary designations on bank accounts and retirement accounts up to date. In many cases, that plan will function quietly and effectively for years. If probate becomes necessary, it may qualify as summary administration, which is faster and less expensive when the probate estate is under 75,000 dollars or the decedent has been dead for more than two years.
Another good DIY candidate is the beneficiary cleanup. Many Floridians can add TOD or POD designations to bank and brokerage accounts in 15 minutes. If the goal is to avoid probate for cash and securities, and you have a small family circle, this single step carries more impact than any other document. I have seen POD designations safely move six figures to the right people overnight, while the rest of the estate waited on the court calendar.
Parents of adult, financially responsible children sometimes use a revocable trust template to avoid probate on a homestead not subject to a mortgage and a few investment accounts. If they are meticulous about retitling and record a simple deed to the trust with the county, the plan can work. Problems arise when a trust sits estate planning brandon fl empty, or when the deed fails homestead compliance or documentary stamp rules. If you are disciplined and patient about the paperwork, this can be a viable DIY project, but it is the edge of the comfort zone.
Where DIY Often Backfires
Complex family structures are the number one reason I discourage a purely DIY plan. Blended families, estranged children, special needs beneficiaries, and co‑owned businesses create conflict points that templates cannot anticipate. Florida homestead restrictions, elective share, and the interplay with prenuptial or postnuptial agreements are treacherous without counsel. One clause designed to be “fair” can collide with a statutory right and tilt the whole plan.
Tax sensitivity is another. Florida has no state estate or inheritance tax, which helps. But federal estate tax, generation‑skipping transfer tax, and income tax basis planning remain important for high net worth families. Even for middle‑class estates, naming the wrong beneficiaries on retirement accounts can throw away decades of tax deferral. Since the SECURE Act, most non‑spouse beneficiaries must empty inherited IRAs within 10 years. A conduit trust named as beneficiary can accidentally funnel withdrawals in ways that cause tax spikes or disrupt creditor protection. Templates rarely explain this interplay.
Disabled or vulnerable beneficiaries require careful drafting. A well‑meaning parent who leaves an outright bequest to an adult child on SSI can disqualify that child from benefits, then spend months trying to fix it through court‑created trusts. A special needs trust would have kept the support intact. Similarly, leaving assets to a child in the middle of a divorce or with creditor problems can hand your legacy to a soon‑to‑be‑ex‑spouse or a judgment creditor unless you use spendthrift protections and thoughtful trustee selection.
Real estate creates its own traps. Joint tenancy and enhanced life estate deeds (Lady Bird deeds) are popular tools to avoid probate in Florida. They can work, but they also create co‑owner conflicts and exposure to a beneficiary’s creditors while you are still living if you choose the wrong form of ownership. A revocable trust usually offers a safer path for property worth protecting. The recording and homestead treatment need to be done correctly to preserve tax exemptions and creditor protections. A do‑it‑yourself deed filed with a clerk can look perfectly official and still miss a homestead requirement that matters later.
Finally, execution mistakes haunt even careful DIYers. I have seen wills signed with a notary and one witness instead of two, and I have seen a notary sign the self‑proving affidavit but not the will itself. These technical flaws sound small. They are not small when a judge has to decide whether to accept the document, or when you must locate a witness after a decade and two moves. A 30‑minute signing ceremony with a checklist avoids this entire category of disaster.
Costs, Trade‑offs, and Where the Money Actually Goes
People pursue DIY planning to save on legal fees. It is a sensible instinct. A simple attorney‑drafted package in Florida for a single person can range from a few hundred dollars for basic documents into the low thousands if a living trust is included. For married couples with blended families, a thorough plan can run higher, often reflectively of the added counseling rather than pure drafting time. Meanwhile, many online services offer templated documents for a fraction of that price.
What matters is the total cost across the life of the plan. Probate in Florida ranges widely. A straightforward summary administration might be handled for under 2,000 dollars in fees and costs. A formal administration for a contested estate with unclear terms can run into five figures or more. If a flaw in a DIY will forces a formal proceeding, the savings on the front end vaporize.
There is also the cost of delay. Probate funds can be tied up for months while the court reviews documents. If the decedent relied entirely on a will and left no liquidity outside probate, a spouse or child may struggle to pay immediate expenses. A modest living trust with properly titled accounts can eliminate that friction. Even families that cheerfully accept probate in theory rarely enjoy waiting for it in practice.
On the other hand, I have met clients in Brandon and Riverview who handled their own beneficiary designations and TOD accounts, kept tidy records, and left so little in the probate estate that their survivors filed for summary administration without a hitch. Those families essentially paid nothing for administration. The difference is not luck. It is careful execution and regular updates to match life changes.
Practical Ways to DIY Safely
If you plan to handle a large part of your planning yourself, aim for a hybrid approach. Do what you can confidently, then pay for targeted help where it matters. This is where local guidance, such as a consult with Shaughnessy Law Estate Planning or another experienced firm in estate planning Brandon FL, adds disproportionate value. One hour of advice can prevent years of fallout.
Here is a short, high‑leverage sequence:
Inventory assets by type and title: homestead, other real estate, retirement accounts, brokerage accounts, bank accounts, closely held business interests, life insurance, and personal property. Note beneficiary designations and co‑owners. This clarifies where probate can be avoided with simple tools and where it cannot.
Clean up beneficiaries: confirm primary and contingent beneficiaries on life insurance and retirement accounts. Add TOD or POD designations to non‑retirement accounts where appropriate. Name per stirpes distribution if you want a deceased child’s share to pass to that child’s descendants.
Decide on incapacity tools: execute a Florida‑compliant durable power of attorney with the specific powers you actually want, and a designation of health care surrogate. Make sure your agents know where the originals are kept.
Use a simple will that coordinates with the above: if most assets pass by beneficiary designation, your will mainly catches leftovers and names a personal representative and guardians for minor children. Keep it clean and consistent with your designations.
If you own real estate or want probate avoidance, consider a basic revocable trust: use it to hold the homestead and non‑retirement investment accounts. Fund it now, not later. Record deeds properly and coordinate homestead language.
Those steps, done carefully, achieve 80 percent of what families want from estate planning Florida residents can execute. The missing 20 percent includes nuance about taxes, creditor protection, and multi‑state coordination that most people are happy to outsource.
Real Examples From Florida Households
A widowed teacher in Valrico came in with a neatly typed will she had downloaded. She had no real estate, one IRA, and a checking account. We found her IRA beneficiary designation already listed her two children by name with per stirpes language. We added POD to her checking account. We checked her will’s witnessing and added a self‑proving affidavit at a fresh signing with two witnesses and a notary. Total legal spend was minimal. When she passed, the children accessed accounts within days, and the will was essentially a safety net for small items.
Contrast that with a blended family in Brandon. Husband had a home titled in his sole name, two adult children from a first marriage, and a second wife. He used a template to leave the home to the children and bank accounts to his wife. Florida’s homestead law restricted the devise of the residence. The attempted gift to the children was invalid. The wife obtained a life estate under the statute, and the children became vested remaindermen. The result was tension, litigation threats, and an eventual sale under court supervision. A consultation and a trust with carefully drafted homestead provisions could have carried out his intent and reduced stress.
Another case: a small business owner in Hillsborough County set up a revocable trust with an online form but never transferred his LLC interest or his brokerage account. He signed the trust, stuck it in a drawer, and assumed the job was done. At death, both the LLC and the brokerage account lacked trust titling. That meant a formal probate, months of delay, and fees that dwarfed what a funding checklist and 90 minutes of follow‑through would have cost.
The Homestead Puzzle
Florida homestead is generous and tricky at the same time. It provides property tax benefits and creditor protections in many cases, but it limits how you can devise the property if you are survived by a spouse or minor child. If you devise it defectively, the statute overrides the will. If you use the wrong deed, you can accidentally surrender creditor protection or trigger documentary stamp taxes that were avoidable.
Enhanced life estate deeds are a Florida favorite for avoiding probate while keeping control during life. Used correctly, they can be an elegant DIY tool. Yet they are not ideal for every situation. If you anticipate selling or refinancing, or if you want to preserve flexibility to direct proceeds into a trust if you move, a trust‑based plan usually serves better. I have also seen Lady Bird deeds to two adult children who do not get along. The result is a forced co‑ownership at a stressful time. That is not an error of law, it is an error of judgment.

Powers of Attorney and the “Superpowers”
Since 2011, Florida requires a durable power of attorney to list certain powers with specificity. If you want your agent to create or change beneficiary designations, amend trusts, or undertake similar high‑impact acts, those must be separately initialed next to each enumerated power. Many DIY forms miss this. The result is an agent who cannot do meaningful planning when you become incapacitated. The lawyer’s version looks verbose for a reason. Each clause earns its place, often because it solved a real problem in a past case.
Also remember: a power of attorney takes effect on signing and remains effective through incapacity, but it ends at death. It is not a substitute for a will or trust. Banks vary widely in how they accept powers of attorney. Some insist on recent documents or on forms they recognize. A Florida‑compliant POA should be honored, but practically speaking, an agent often needs patience and persistence. Trust‑owned accounts sidestep that friction because the successor trustee steps in seamlessly.
Beneficiary Designations: Small Lines With Big Outcomes
More estates go off the rails because of beneficiary designations than because of wills. People remarry, have another child, or lose a beneficiary to death, and the paperwork never catches up. An ex‑spouse remains on a retirement account despite a divorce decree. A minor is named directly and triggers a court‑supervised guardianship for the funds. A special needs child is named outright and loses benefits. Or a trust is named without matching the trust language to the SECURE Act’s rules for see‑through trusts, creating tax headaches.
Set an annual reminder to confirm beneficiaries on any account with a designation. Use contingents. Use per stirpes when that expresses your intent. For minors or special needs beneficiaries, name a trust, not the child. Coordinate the language so the trust qualifies as a designated beneficiary when you want tax deferral. A 20‑minute review can preserve tens of thousands of dollars in value.
Probate Reality in Florida
Probate is not inherently terrible in Florida, but it is a court process with rules and timelines you do not control. The choice to avoid probate is primarily a choice to avoid waiting and to reduce public filings. A well‑funded revocable trust accomplishes that. So do TOD and POD designations for liquid assets. If you do not mind probate, or if your estate is lean and simple, a clean will might be enough.

Still, remember two practical points. First, a personal representative often must hire an attorney for a formal administration. Second, even summary administration requires clean paperwork. If your DIY documents are messy, your family will spend more time and money after your death than you would have spent to clarify things during your life.
When A Short Consult Beats a Long Template
You do not need to hand over the whole project to a lawyer to get value. Many Florida firms, including those focused on estate planning Brandon FL residents seek out, offer flat‑fee consults or limited‑scope reviews. Bring your draft will, power of attorney, health care documents, beneficiary printouts, and any deeds you intend to use. Ask for a compliance check and a risk assessment. If everything looks solid, you will leave with confidence. If the attorney spots a handful of landmines, you can fix them before they harden into problems.
Shaughnessy Law Estate Planning, like other experienced firms handling estate planning Florida families rely on, spends a surprising amount of time on cleanup. We would rather spend that time on prevention. The fixes are usually cheaper and kinder to families than courtroom repairs.
A Practical Path Forward
If you are motivated to DIY, commit to being meticulous. Use Florida‑specific forms. Follow execution requirements exactly. Keep originals in a safe place, and tell your agents and personal representative where they are. Make a folder that includes a list of accounts, a copy of beneficiary designations, your will or trust, power of attorney, health care surrogate designation, and any deeds or trust certificates. Update after major life events: marriage, divorce, birth or adoption, a significant inheritance, a move, or the sale or purchase of real estate.
Then decide where a professional eye would reduce risk. Homestead planning, trusts for minors or special needs, blended families, multi‑state property, and businesses are the recurring pressure points. If your facts touch any of those, consider at least a limited engagement with counsel to draft or review the relevant pieces.
The law does not reward bravery, it rewards precision. Florida gives you the tools to build your own plan. With careful execution and targeted advice, you can keep costs down, avoid surprises, and make sure the right person reads the right document at the right moment without a judge standing in the middle. If you want help calibrating that balance, talk with a local estate law team that knows the terrain and the traps.
Shaughnessy Law
Address: 618 E Bloomingdale Ave, Brandon, FL 33511
Phone: +1 (813) 445-8439
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Estate Planning in Florida: Your Questions Answered
Do I really need a will if I don't have a lot of assets?
Yes, you absolutely need a will even with modest assets. A will isn't just about dividing up money—it's about making sure your wishes are followed. Without one, Florida's intestacy laws decide who gets what, and that might not align with what you want.
Plus, if you have minor children, a will lets you name their guardian. Without it, a judge makes that call. Even if you're not wealthy, having a will saves your family unnecessary headaches during an already difficult time.
What's the difference between a will and a trust in Florida?
A will goes through probate court after you pass away, while a trust lets your assets pass directly to beneficiaries without court involvement. The will becomes public record and probate can take months, but trusts keep things private and often move faster.
In Florida, probate can be expensive and time-consuming, especially if you own property here. Trusts also give you more control—you can set conditions on when and how beneficiaries receive assets. The downside? Trusts cost more upfront to set up, but they often save money and hassle later.
How does Florida's homestead exemption affect my estate plan?
Florida's homestead laws provide special protections and restrictions that directly impact who can inherit your home. Your primary residence gets special protection from creditors, and there are restrictions on who you can leave it to if you're married.
You can't just will your homestead to anyone you want—your spouse has rights to it, even if your will says otherwise. This trips people up all the time. If you own a home in Florida, you need to understand these rules before finalizing any estate plan.
Can I avoid probate in Florida?
Yes, you can minimize or avoid probate through several strategies. Setting up a revocable living trust, using beneficiary designations on accounts, owning property as joint tenants with rights of survivorship, or using transfer-on-death deeds for real estate all work.
Many people use a combination of these. That said, probate isn't always the enemy—Florida has a simplified process for smaller estates under $75,000. The key is understanding what makes sense for your specific situation rather than avoiding probate just because someone told you to.
What happens if I die without an estate plan in Florida?
Your estate goes through intestate succession, where Florida law determines who inherits based on a predetermined formula. Generally, everything goes to your spouse, or if you don't have one, it's divided among your children.
No spouse or kids? Then parents, siblings, and other relatives. It sounds straightforward, but it gets messy fast—especially with blended families, estranged relatives, or if you wanted to leave something to a friend or charity. The process takes longer, costs more, and might not reflect your actual wishes at all.
Do I need to update my estate plan if I move to Florida from another state?
Yes, you should have a Florida attorney review and likely update your estate plan when you relocate here. Estate planning laws vary significantly by state, and what worked in New York or California might not hold up here.
Florida has unique rules about homestead property, different probate procedures, and its own requirements for valid wills. Your out-of-state documents might technically be valid, but they could create problems or miss opportunities for Florida-specific protections. It's usually not a complete overhaul, but adjustments are almost always needed.
How do power of attorney documents work in Florida?
A power of attorney authorizes someone to make decisions on your behalf if you become incapacitated. In Florida, you need two types: a durable power of attorney for financial matters and a healthcare surrogate (similar to a healthcare power of attorney elsewhere).
The financial POA lets your agent handle banking, pay bills, manage property—basically anything money-related. The healthcare surrogate makes medical decisions. These documents are crucial because without them, your family might need to go to court for guardianship, which is expensive and invasive.
What's a living will, and is it different from a regular will?
A living will is completely different from a regular will—it outlines your end-of-life medical preferences while you're still alive but incapacitated. It tells doctors what life-prolonging measures you want if you're terminally ill or in a permanent vegetative state.
A regular will, on the other hand, distributes your property after you die. You need both. Florida has specific requirements for living wills—they need to be witnessed properly, and you should make sure your doctors and family have copies.
How much does estate planning typically cost in Florida?
Estate planning in Florida typically costs anywhere from $300 for a simple will to $5,000+ for complex plans. A simple will might run $300-$800, while a complete estate plan with wills, trusts, powers of attorney, and healthcare directives usually costs $1,500-$3,500 for most people.
Complex situations with business interests, multiple properties, or tax planning can run $5,000 or more. It may seem like a lot upfront, but compare that to probate costs—which can easily hit 3-5% of your estate's value. Good planning pays for itself.
Can I create my own estate plan using online forms?
You can create your own estate plan using online forms, but it's risky unless your situation is very simple. Online forms work okay for single people with straightforward assets and clear beneficiaries.
However, Florida has specific rules about witness requirements, homestead restrictions, and other legal nuances that generic forms might miss. One mistake can invalidate your documents or create problems your family has to sort out later. For most people, the few hundred dollars saved isn't worth the risk. At minimum, have an attorney review any DIY documents before you finalize them.
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Shaughnessy Law
Address: 618 E Bloomingdale Ave, Brandon, FL 33511
Phone: +1 (813) 445-8439
Estate Planning in Brandon, Florida
Shaughnessy Law provides estate planning services in Brandon, Florida.
The legal team at Shaughnessy Law helps families create wills and trusts tailored to Florida law.
Clients in Brandon rely on Shaughnessy Law for guidance on probate avoidance and asset protection.
Shaughnessy Law assists homeowners in understanding Florida’s homestead exemption during estate planning.
The firm’s attorneys offer personalized estate planning consultations to Brandon residents.
Shaughnessy Law helps clients prepare durable powers of attorney and living wills in Florida.
Local families choose Shaughnessy Law in Brandon, FL to secure their legacy through careful estate planning.
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