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By Spiro Verras

Estate planning can be useful at many ages and levels of wealth. It addresses the property and personal belongings you want to pass on, but it also prepares for decisions during your lifetime. A good checklist brings together your wishes, the people you trust and the documents they may need. Include incapacity planning alongside the plan for your estate.

What Should Be On Your Estate Planning Checklist

Before you even begin putting estate planning documents in place, there are other things that should be accomplished first. For instance, you should take inventory of your estate. Everything you own, the big, the little, and everything in between, is considered part of your estate. Take stock of what you own and what you would want to end up in the hands of a specific person after you pass. While this may seem a daunting task, staying organized and making a list of your assets can be a great help. In addition to listing your assets, your inventory should also value these assets.

You should also gather and organize your most recent financial statements from everything ranging from bank accounts to investment accounts. Additionally, life insurance policy information should be gathered and noted on your inventory. On the inventory, note the cash value of your accounts and whether any death beneficiaries are listed on them, and, if so, who those beneficiaries are. Beyond assets, your inventory should also include a list of all of your outstanding debts. This includes things like a mortgage on your home.

Once you have an inventory, consider which tools support your goals. A will directs probate property. A properly funded living trust may provide management during incapacity and avoid probate for trust assets. A standard revocable trust does not protect your own assets from your creditors or automatically reduce estate taxes. Specialized asset-protection or tax planning requires a separate discussion.

A durable financial power of attorney authorizes a trusted agent to perform the financial and legal acts the document permits. Florida financial powers of attorney generally take effect when signed, subject to limited exceptions; durability means the authority can continue during incapacity. Choose the agent carefully and discuss safeguards. An adequate power of attorney may reduce the need for a court-appointed guardian, although it cannot prevent every proceeding.

Florida health care planning commonly includes a designation of health care surrogate and a living will. A surrogate can make authorized decisions when you lack capacity, and a properly drafted designation can expressly allow immediate authority while you retain control over your own decisions. A living will addresses life-prolonging treatment under the conditions Florida law specifies, including terminal condition, end-stage condition or persistent vegetative state. Discuss your preferences and make the documents accessible.

Florida Estate Planning Attorney

You do not have to settle every question before you begin. Spiro Verras can help you work through the checklist, choose appropriate documents and coordinate account titles and beneficiary designations. Contact our office to start the conversation.

Sources: Florida Statutes § 709.2108; Florida Statutes § 765.202; Florida Statutes § 765.302.

Updated October 26, 2026.