Florida
Estate planning basics in Florida
Florida has no state estate tax, has no inheritance tax, is not a community property state, and allows a limited form of transfer on death deed. The details are below, in plain words, as Legacy Guard shows them to families in Florida.
| Estate tax | None |
|---|---|
| Inheritance tax | None |
| Community property | No. Florida is not a community property state. |
| Small estate limit | Disposition without administration only for very small estates (exempt property plus final expenses, in practice a few thousand dollars). Summary administration, a shorter court process, is available for estates up to $75,000 or when the person has been gone more than two years. |
| Transfer on death deed | Limited. Florida has no statutory transfer on death deed, but an enhanced life estate deed (a Lady Bird deed) is widely used to pass a home outside probate. |
| Probate | Florida formal probate requires an attorney in almost every case and commonly takes six months to a year or more. A living trust is the standard way to avoid it. Florida also lets a married couple opt in to community property treatment by a community property trust. |
| Homestead | Florida's homestead protection is unusually strong: unlimited creditor protection, a property tax cap, and rules that restrict how a homestead can be left when there is a spouse or minor child, which your plan must respect. |
| Vehicles | No beneficiary designation on a vehicle title. A vehicle can pass to the surviving spouse or heirs with an affidavit at the tax collector's office when there is no probate, or be titled to the trust. |
| Last reviewed | October 21, 2026 |
State rules are general information kept current by Legacy Guard, last reviewed October 21, 2026. Your attorney's advice comes first. Figures that are adjusted each year are given for the year stated.
What this means for your plan
- Florida has no state estate tax, so only the federal exemption of $15 million per person (2026) applies. Most families will not owe federal estate tax, but a plan still decides who gets what and how smoothly.
- Florida does not have a standard transfer on death deed, but it allows a similar deed in limited form. Your attorney can tell you whether it fits your plan.
- Small estate rules only matter if little or nothing goes through probate. A funded trust and up to date beneficiary designations are what keep an estate small in the first place, and that is exactly what the Legacy Guard annual review checks each year.
Questions about Florida
- Does Florida have an estate tax?
- No. Florida has no state estate tax. The federal estate tax exemption is $15 million per person for 2026.
- Does Florida have an inheritance tax?
- No. Florida does not tax what an heir receives.
- Is Florida a community property state?
- No. Florida is a common law property state. Florida formal probate requires an attorney in almost every case and commonly takes six months to a year or more. A living trust is the standard way to avoid it. Florida also lets a married couple opt in to community property treatment by a community property trust.
- Does Florida allow a transfer on death deed for real estate?
- Limited. Florida has no statutory transfer on death deed, but an enhanced life estate deed (a Lady Bird deed) is widely used to pass a home outside probate.
- What is the small estate limit in Florida?
- Disposition without administration only for very small estates (exempt property plus final expenses, in practice a few thousand dollars). Summary administration, a shorter court process, is available for estates up to $75,000 or when the person has been gone more than two years.
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