Online estate planning kits are cheap and fast, which is exactly why so many Miami residents try them. The trouble is that estate planning is governed by detailed Florida statutes, and a form that is fine in another state can be invalid here. This checklist helps you decide where DIY is reasonable and where it quietly creates risk.
Where DIY Can Sometimes Work
- Very simple, single-person estates with modest assets and no real property.
- Gathering and organizing information before meeting an attorney, such as account lists and beneficiary names.
- Basic health care wishes as a starting conversation, later formalized properly.
The Florida Traps DIY Forms Miss
- Will execution formalities. Florida (Section 732.502) requires a will to be signed at the end by the testator in the presence of two witnesses, who also sign in each other’s and the testator’s presence. Get the choreography wrong and the will can fail entirely.
- Self-proving affidavits. Without the proper notarized affidavit, your estate may have to track down witnesses years later, slowing the Miami-Dade probate process.
- Homestead restrictions. A generic form often ignores Florida’s homestead devise rules (Article X, Section 4). A DIY will leaving the house to the wrong person can be void as to homestead when a spouse or minor child survives.
- Unfunded trusts. A revocable trust under Chapter 736 only avoids probate for assets actually retitled into it. DIY users frequently sign the trust and never deed the condo or move the accounts.
- Outdated powers of attorney. Florida’s durable POA statute (Chapter 709) has specific requirements; a download from years ago may be rejected by banks.
Cost vs. Consequence
The appeal of DIY is the low upfront price. But the cost of a defective document shows up later, when your family pays for litigation, a forced formal administration, or a fight over an ambiguous clause. In a market like Miami, where homes and condos carry significant value, a single homestead misstep can dwarf any savings from skipping an attorney.
What an Attorney Actually Adds
- Documents that are valid and self-proving under Florida formalities.
- Coordination of your will, trust, beneficiary designations, and deeds so they do not contradict each other.
- Probate-avoidance strategy, including Lady Bird (enhanced life estate) deeds for real property and proper trust funding.
- Tailoring for your family, such as blended families, minor children, or non-citizen spouses, areas where federal tax coordination matters even though Florida has no state estate or inheritance tax.
A Quick Decision Checklist
- Do you own a home or condo in Miami-Dade? Lean attorney.
- Blended family, minor children, or a business? Lean attorney.
- Want to avoid probate, not just have a will? Lean attorney.
- Truly simple, single, modest, no real estate? DIY may be a starting point, but have it reviewed.
Talk to a Florida Attorney
If your situation involves real estate, family complexity, or any goal beyond a bare-bones will, have a licensed Florida estate planning attorney prepare or at least review your documents so a small upfront step does not become a costly probate problem.
For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles special needs planning in New York.
