Estate planning in Miami is less about a single document and more about a coordinated set of decisions. This checklist walks through what to gather, what to sign, and roughly how long and how much each step takes under Florida law.
1. The Core Documents
Most Miami plans start with four pieces: a will, a durable power of attorney, a designation of health care surrogate, and a living will (your end-of-life wishes). Many families add a revocable living trust under Florida Chapter 736 to avoid probate. Drafting the core set is usually a one-to-three-week process once you have decided on your choices.
2. Get Your Will Executed Correctly
Florida is strict about will formalities. Under section 732.502, the will must be signed by you at the end and witnessed by two people who sign in your presence and in each other’s presence. A will valid in another state may still work, but a will that ignores these formalities can be tossed out. This is the single most common DIY failure point.
3. Handle Florida Homestead Deliberately
Your Miami home is likely protected homestead under Article X, Section 4 of the Florida Constitution. Homestead carries powerful creditor protection but also restrictive descent rules: if you are married or have minor children, you cannot freely leave the home to whomever you want. Many Miami homeowners use a Lady Bird (enhanced life estate) deed to pass the home outside probate while keeping full control during life. Confirm how your homestead will actually transfer before you assume your will controls it.
4. Update Beneficiary Designations
Life insurance, IRAs, 401(k)s, and payable-on-death bank accounts pass by beneficiary form, not by your will. Pull every account statement and confirm the named beneficiaries match your plan. A stale ex-spouse on a retirement account overrides whatever your will says — fixing it costs nothing but takes an afternoon of phone calls.
5. Plan to Avoid or Streamline Probate
Florida offers summary administration for smaller estates (generally under $75,000 of non-exempt assets, or when the death occurred more than two years ago) and formal administration for everything else. Summary administration can resolve in a few weeks; formal administration in Miami-Dade typically runs several months to a year. A funded revocable trust or properly titled assets can sidestep probate entirely.
6. Organize and Store Everything
Keep originals secure and tell your personal representative where they are. Florida requires the original will to be deposited with the clerk after death, so a lost original creates real problems. List your accounts, passwords, advisors, and the location of your Lady Bird deed in one place.
7. Revisit After Life Changes
Marriage, divorce, a new child, a Miami property purchase, or a move into Florida should trigger a review. Florida’s elective share rules (section 732.2065 and following) give a surviving spouse a claim to a portion of the estate regardless of the will, so marital changes especially deserve a fresh look.
Consult a Florida Attorney
This checklist is a starting map, not legal advice. Florida’s homestead, elective share, and probate rules have sharp edges. A licensed Florida estate planning attorney can tailor the plan to your Miami situation and make sure each document is executed to survive a challenge.
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