Most people in Miami think estate planning is something you handle in retirement. In reality, the day you turn 18 in Florida, you become legally responsible for your own medical and financial decisions, and the documents below are how you keep control if something goes wrong. Here is what each one does, in the order most attorneys assemble them, and roughly how long the process takes.
The Last Will and Testament
A Florida will (governed by Fla. Stat. §732.502) directs who receives your property and who serves as personal representative. To be valid here, it must be signed at the end by the testator in the presence of two witnesses, who also sign in the presence of each other. A will alone does not avoid probate, but it is the backbone document that names guardians for minor children and catches anything not otherwise transferred. Drafting and signing is usually a one to two week process from your first consultation.
Durable Power of Attorney
Under Florida’s Power of Attorney Act (Ch. 709), a durable power of attorney lets a trusted agent manage your finances if you cannot. Florida law is strict: the document must be signed before a notary and two witnesses, and it is effective immediately upon signing, not on incapacity. Banks along Brickell and Coral Gables scrutinize these closely, so a properly drafted, current document matters.
Health Care Documents
Two pieces work together. A designation of health care surrogate names who speaks for you with Miami hospitals when you cannot, and a living will states your wishes about life-prolonging procedures. Many people also add a HIPAA release so the surrogate can actually access records. These are typically signed the same day as your other documents.
A Revocable Living Trust (When It Fits)
Not everyone needs one, but a revocable living trust (Ch. 736) is the most common tool South Florida families use to avoid Florida probate. Property titled in the trust passes to beneficiaries without court involvement. A trust only works if it is funded, meaning your accounts and real estate are actually retitled into it, which can add a few weeks to the timeline.
How It Comes Together and What It Costs
A typical Miami estate plan moves in three steps: an intake meeting, a drafting and review round, and a signing appointment with a notary and witnesses. A will-based package commonly runs in the low four figures; a trust-based plan costs more because of the funding work. Florida imposes no state estate or inheritance tax, so for most families the planning is about control and avoiding probate delays, not tax.
Talk to a Florida Attorney
Execution formalities under Florida law are unforgiving, and a missing witness or notary can invalidate a document. Before you sign anything, speak with a licensed Florida estate planning attorney who can tailor these documents to your Miami household and assets.
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