A Practical Estate Planning Checklist

When Tom and Linda finally sat down at their Palm Beach Gardens kitchen table to “get our affairs in order,” they felt overwhelmed. So they did what works: they made a list and tackled it one item at a time. Here is the practical checklist they followed — built around Florida law — that you can use too.

Step 1: Take Inventory

Tom and Linda first wrote down everything they owned: their Palm Beach home, two bank accounts, retirement plans, a brokerage account, life insurance, and two vehicles. They noted how each asset was titled — jointly, individually, or with a beneficiary. This matters because titling, not just the will, decides where many assets go.

Step 2: Get the Core Documents in Place

Every Florida adult should have four foundational documents:

• A will executed under section 732.502 — signed with two witnesses, ideally with a self-proving affidavit to ease probate.
• A durable power of attorney under Chapter 709, so someone can manage finances if you become incapacitated.
• A health care surrogate designation to name a medical decision-maker.
• A living will expressing your end-of-life wishes.

Without the durable power of attorney and health care surrogate, Tom and Linda learned, their family could be forced into a Palm Beach County guardianship proceeding just to pay a bill or approve treatment.

Step 3: Address the Homestead

Their home was their biggest asset and their homestead under Article X, Section 4 of the Florida Constitution. They confirmed how it should pass and considered a Lady Bird (enhanced life estate) deed, which can transfer the home to their children at death without probate while keeping the homestead exemption and their full control during life.

Step 4: Review Every Beneficiary Designation

This step surprises people. Retirement accounts, life insurance, and payable-on-death accounts pass by beneficiary designation, completely outside the will. Linda discovered an old 401(k) still named her sister from decades ago. Updating these designations took an afternoon and prevented a major mismatch with their overall plan.

Step 5: Decide Whether You Need a Trust

Tom and Linda weighed a revocable living trust under Chapter 736. A trust can keep assets out of probate, provide privacy, and manage property if they became incapacitated. For their situation, they used a trust for some assets and relied on beneficiary designations and a Lady Bird deed for others — a common Florida blend.

Step 6: Plan for Probate Realistically

Even with planning, some probate may occur. Florida offers summary administration for smaller or older estates and formal administration for larger ones under the Florida Probate Code (Chapters 731 through 735). Knowing which path their estate would likely take helped them structure assets to minimize court involvement. They also took comfort that Florida has no state estate or inheritance tax to worry about.

Step 7: Organize and Communicate

Finally, they gathered originals in one safe place, told their personal representative where to find them, and listed account logins and key contacts. A perfect plan no one can locate is no plan at all.

Tom and Linda finished feeling lighter, not because the work was glamorous, but because it was done. Use this checklist as your map, then sit down with a licensed Florida estate planning attorney to confirm each document is valid and tailored to your family’s needs.