Most people put off estate planning because they do not know where to begin. This Boca Raton checklist, framed as the questions clients actually ask, gives you a clear starting point under Florida law.
What documents form the core of a plan?
Four pieces do the heavy lifting in Florida: a valid will, a durable power of attorney, a health care surrogate designation, and, for many families, a revocable living trust. The will directs who inherits and names a personal representative. The trust, governed by Chapter 736, can hold assets and pass them without probate. Together they form the backbone of nearly every Boca Raton plan.
How do I make sure my will is actually valid?
Florida is exacting. Under section 732.502, you must sign at the end of the will with two witnesses present, and those witnesses must sign in your presence and each other’s. Adding a self-proving affidavit, notarized at signing, lets the court accept the will later without tracking down witnesses. Skipping these formalities is the single most common reason a homemade will fails.
What about my house, the biggest asset?
Florida homestead under Article X, section 4 protects your primary residence but also limits how you can leave it if you have a spouse or minor child. For many Boca Raton homeowners, a Lady Bird deed (an enhanced life estate deed) lets the home pass automatically at death, outside probate, while you keep full control during life. Coordinating the deed with your will and trust prevents conflicting instructions.
Who speaks for me if I’m incapacitated?
This is the part people forget. A durable power of attorney under Chapter 709 lets a trusted person handle finances if you cannot, and a health care surrogate handles medical decisions. A living will states your wishes about end-of-life care. Without these, your family may need a court-appointed guardian, a slow and public process in the Palm Beach County courts.
What about beneficiary designations?
Retirement accounts, life insurance, and payable-on-death bank accounts pass by designation, not by your will. Review them. A forgotten ex-spouse on an old policy overrides whatever your will says. Keeping these aligned with your overall plan is a five-minute task that prevents major disputes.
Will my family still face probate?
Maybe, depending on how assets are titled. Florida offers summary administration for smaller or older estates and formal administration for larger ones. A plan using a funded revocable trust, beneficiary designations, and a Lady Bird deed can shrink or eliminate the probate estate. One bit of relief: Florida has no state estate or inheritance tax, so your checklist is about probate and clarity, not a state tax bill.
The bottom line
Work through these in order: core documents, valid execution, the homestead, incapacity papers, beneficiary designations, and a probate-avoidance strategy. Each step closes a gap that otherwise lands on your family.
This checklist is general information, not legal advice. A licensed Florida estate planning attorney can tailor each item to your Boca Raton assets and family.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
For more on our Florida practice, see our overview of estate planning in Palm Beach. Morgan Legal Group's affiliated New York office also handles .
