Estate Planning Checklist for Orlando Residents

Estate planning is not a single document or a one-time event — it is a comprehensive set of legal tools designed to protect you during your lifetime and ensure your assets pass efficiently to the people and causes you care about after you are gone. For Orlando and Central Florida residents, Florida law offers unique planning opportunities and imposes distinct requirements that make working with a local attorney especially valuable. Below is a comprehensive estate planning checklist to guide you through the process.

1. Last Will and Testament

A Last Will and Testament is the foundational document of most estate plans. It directs how your probate assets are distributed after death, names your Personal Representative (executor), and — critically — designates a guardian for any minor children.

Florida-specific note: Under F.S. § 732.502, a valid Florida will must be signed in the presence of two witnesses who also sign in each other's presence. Holographic (handwritten, unwitnessed) wills are not valid in Florida. If you die without a will (intestate), your assets pass under Florida's descent and distribution statutes (F.S. § 732.101 et seq.), which may not align with your wishes — for example, your spouse and children may be forced to share your estate in ways you would not choose.

2. Revocable Living Trust (When Appropriate)

A Revocable Living Trust allows your estate to pass to your beneficiaries without going through Orange County probate court. It also provides for management of your assets if you become incapacitated, maintains privacy (trusts are not public records), and can be especially valuable if you own real estate in multiple states.

Florida-specific note: You can hold your Florida homestead property in a revocable trust without losing the homestead exemption or the Save Our Homes cap on property taxes, provided the trust meets the requirements of F.S. § 196.041. A "pour-over will" should accompany any revocable trust to catch any assets not transferred into the trust during your lifetime.

3. Durable Power of Attorney

A Durable Power of Attorney (DPOA) authorizes a trusted person (your "agent" or "attorney-in-fact") to manage your financial and legal affairs if you become incapacitated. "Durable" means it remains effective even if you lose mental capacity.

Florida-specific note: Florida enacted a revised Power of Attorney Act in 2011 (F.S. Chapter 709). Florida now requires that certain "superpowers" — such as creating or amending trusts, making gifts, or changing beneficiary designations — be specifically and expressly authorized in the document. Old powers of attorney drafted in other states or before 2011 may not be accepted by Florida institutions. If your DPOA is outdated, it should be updated immediately.

4. Designation of Healthcare Surrogate

A Designation of Healthcare Surrogate (the Florida equivalent of a Healthcare Proxy or Medical Power of Attorney in other states) authorizes a trusted person to make medical decisions on your behalf if you are unable to do so yourself.

Florida-specific note: Governed by F.S. § 765.202, this document must be signed in the presence of two witnesses (neither of whom can be your healthcare surrogate). Without this document, your family members may disagree about your care, and a court-appointed guardian may be required — an expensive and time-consuming process.

5. Living Will / Advance Directive

A Living Will (formally called an "Advance Directive" in Florida) documents your wishes about end-of-life medical treatment — specifically, whether you want life-prolonging procedures continued if you are in a terminal condition, end-stage condition, or persistent vegetative state.

Florida-specific note: Florida's Living Will statute is F.S. § 765.301 et seq. This document is distinct from the Healthcare Surrogate designation, though both are part of a comprehensive advance care planning package. The famous Terri Schiavo case, which originated in Central Florida, highlighted in painful detail what can happen when these documents are absent.

6. HIPAA Authorization

A HIPAA Authorization allows your designated family members or agents to receive your protected health information from healthcare providers. Without this document, federal HIPAA privacy laws prevent doctors, hospitals, and insurers from sharing your medical information — even with your spouse or adult children.

This document is frequently overlooked but is critically important. It should name the same trusted individuals as your Healthcare Surrogate and DPOA to ensure coordinated care management.

7. Beneficiary Designation Review

Many of the most valuable assets in your estate — retirement accounts (IRAs, 401(k)s, 403(b)s), life insurance policies, annuities, and bank accounts with Payable on Death (POD) or Transfer on Death (TOD) designations — pass entirely outside your will and revocable trust based on the beneficiary designations on file with each institution.

Your checklist should include reviewing and updating all beneficiary designations to ensure they reflect your current wishes. Common mistakes include: naming a deceased person as beneficiary, naming a minor child directly (which requires a court-appointed guardian to manage the funds), failing to name a contingent beneficiary, and failing to update designations after divorce or remarriage.

8. Asset Titling Review

How your assets are titled determines how they pass at your death. Even the best-drafted will or trust plan can be defeated by improper asset titling. For example, if your home is titled in your name alone and you have a revocable trust, the home will still go through probate unless it has been properly deeded into the trust.

Florida-specific note: Florida homestead law (F.S. §§ 732.401-732.4015) governs how your primary residence can be devised. If you are married or have minor children, your homestead cannot be devised freely — specific restrictions apply that can override even a clearly written will. Your attorney should review all real property titles as part of your estate plan.

9. Digital Asset Planning

Digital assets — including email accounts, social media profiles, cryptocurrency wallets, online banking, cloud storage, and subscription services — require specific planning. Florida has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) under F.S. § 740.001 et seq., which governs how fiduciaries can access digital assets.

Your plan should include: a digital asset inventory (stored securely, not in the will itself which becomes public), explicit authorization in your DPOA and trust for your agents to access digital accounts, and use of online tools (such as Google's Inactive Account Manager or Facebook's Legacy Contact) where available.

10. Letter of Instruction

A Letter of Instruction (also called a Letter of Guidance or Personal Directive) is not a legal document but is an invaluable companion to your estate planning documents. It provides your Personal Representative and family with practical information they will need immediately after your death: location of important documents, account numbers and passwords, funeral and burial wishes, contact information for advisors, and personal messages to loved ones.

Unlike legal documents, a Letter of Instruction can be updated informally at any time and does not require witnesses or notarization. It should be kept with your other estate planning documents in a location known to your spouse or successor trustee.

Florida-Specific Considerations Every Orlando Resident Should Know

• Florida has no state income tax and no state estate or inheritance tax — a significant advantage for retirees relocating from high-tax states like New York or Illinois.

• Florida's homestead law is among the strongest in the nation, but its restrictions on devising homestead to non-family members can surprise families if not properly planned for.

• Florida's elective share statute (F.S. § 732.201) entitles a surviving spouse to 30% of the elective estate, regardless of what the will says — important for blended family planning.

• Pretermitted children (children born or adopted after a will is executed) may be entitled to an intestate share under F.S. § 732.302 if not expressly addressed in the will.

Ready to Build Your Estate Plan? Contact Yergey & Yergey P.A.

A complete estate plan is the greatest gift you can give your family — it eliminates uncertainty, reduces conflict, and ensures your wishes are honored. The attorneys at Yergey & Yergey P.A. have been helping Orlando and Central Florida families create comprehensive estate plans tailored to Florida law for decades. Whether you are starting from scratch or updating an existing plan, we are here to guide you through every step. Call us today at (407) 843-0430 to schedule your estate planning consultation.