Florida law

Estate Planning Laws in Florida.

Florida estate-planning and probate work is governed primarily by the Florida Probate Code (Chapters 731–735 of the Florida Statutes) and the Florida Trust Code (Chapter 736). Florida’s homestead protections under the Florida Constitution and its unusual rules on spousal elective share and homestead devise significantly shape estate planning for Florida residents.

Last verified: 2026-04-17

State law

Key Florida Statutes

Florida Probate CodeFla. Stat. chs. 731–735

Chapters 731–735 govern wills, intestate succession, probate administration, summary administration, and related fiduciary rules in Florida, with probate run through the Florida Circuit Courts.

Florida Trust CodeFla. Stat. ch. 736

Florida’s Trust Code governs creation, modification, administration, and termination of trusts, including trustee duties, beneficiary rights, and trust contests.

Homestead ProtectionFla. Const. art. X, § 4

Florida’s constitutional homestead protections are among the strongest in the country and apply in estate planning, creditor exposure, and forced-sale analysis — shaping how Florida attorneys plan wills, trusts, and gifting.

State law

Official Sources

Florida Legislature — Statutes Florida Courts — Probate

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Florida.

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Estate Planning Laws in Florida.

Key Florida Statutes

Official Sources

Not Legal Advice

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