Trusts

• Florida law allows you to create a living trust to identify the beneficiaries of your estate. In the trust document you also identify a trustee to control trust assets, usually yourself. You name a successor trustee to carry out your wishes after you die. Florida requires two witnesses and a notary public to be present when you sign the trust document. Place your assets in the trust by transferring ownership to yourself as trustee of the trust.
  
  

Wills

• Besides identifying your beneficiaries, Florida allows you to use a will to name a guardian for your minor children, name someone to manage property for your children and name a personal representative who is responsible for carrying out the terms of your will. Florida requires two witnesses when you sign the will, and they must also sign it. Florida does not require a notary public to witness your signing of the will.
  
  

Probate

• As of May 2011, Florida requires probate proceedings for any estate valued at more than $75,000 after all debts, including taxes, are paid. The probate court appoints a personal representative for the estate and supervises the process of identifying assets, paying debts and distributing the remaining estate to your beneficiaries. The probate court validates your will or, if there is no will, identifies the heirs of your estate. Probate generally takes from five to six months.
  
  

Small Estates

• Florida provides a simplified process for estates worth less than $75,000. The personal representative or any beneficiary files a petition requesting an order of summary administration. The decedent's surviving spouse, if any, and all beneficiaries must sign the petition. If the court grants the order, the estate's assets are distributed to the beneficiaries immediately. The petitioner may publish notice of the order to give creditors notice, which gives creditors three months to file their claims.
  
  

Intestate Inheritance

• If you die without a valid will, you are intestate, and Florida law determines who will inherit your property. The law gives first priority to your surviving spouse and your descendants, which includes children and grandchildren. If you have no surviving spouse or descendants, your property goes to other relatives, starting with your parents, then brothers and sisters and finally more distant relatives. If you have no living heirs, the state of Florida takes possession of the estate.