Estate Planning When You Are Single: A Miami Checklist

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If you are single in Miami, it is easy to assume estate planning is something to handle later, after marriage or children. But Florida law does not pause for your timeline. Without documents in place, the state decides who manages your affairs and who inherits your property. This checklist walks you through the decisions that matter most when you are flying solo.

Know What Florida Does If You Do Nothing

When a single person dies without a will in Florida, the intestacy statutes (Chapter 732) take over. Your assets pass to your closest relatives in a fixed order: descendants first, then parents, then siblings, and outward from there. A long-term partner, a close friend, or a favorite charity receives nothing under these rules. If you want anyone outside your bloodline to inherit, a will or trust is the only way to make that happen.

Checklist: Core Documents Every Single Adult Needs

  • A Florida will. Under section 732.502, your will must be signed at the end and witnessed by two people who sign in your presence. This names your beneficiaries and, importantly for single people, lets you skip the default heirs you may not want.
  • A durable power of attorney. Florida’s Chapter 709 lets you name an agent to handle finances if you become incapacitated. Without it, no spouse is waiting in the wings, so a Miami court may have to appoint a guardian of the property for you.
  • A health care surrogate designation. This names someone to make medical decisions. Single people especially need this, because hospitals cannot default to a spouse.
  • A living will. This states your wishes about end-of-life care.

Name Your Decision-Makers Carefully

Married couples often name each other automatically. As a single person, you have a blank slate, which is both freedom and responsibility. Choose a personal representative, financial agent, and health care surrogate you genuinely trust. Pick alternates too. Many single Miami residents name a sibling, a parent, or a close friend, and the law does not require these people to be relatives.

Coordinate Your Beneficiary Designations

Your 401(k), IRA, and life insurance pass by beneficiary form, not by your will. Single people frequently forget to update these after a breakup or a parent’s death. Review every account and make sure the named beneficiary still reflects your wishes. A pay-on-death designation on a bank account or a transfer-on-death registration on a brokerage account can move assets directly to the person you choose, bypassing probate entirely.

Think About Your Miami Home

Florida’s homestead protection (Article X, Section 4 of the state constitution) shields your primary residence from most creditors. If you own a condo in Brickell or a house in Coral Gables, consider how it should pass. A single owner with no spouse or minor children has more freedom to direct the homestead than a married owner does. Some single owners use a Lady Bird (enhanced life estate) deed to pass the home automatically at death while keeping full control during life and preserving homestead protections.

Consider a Revocable Trust

A revocable living trust under Chapter 736 can let your estate avoid probate and keep your affairs private. For single people with real estate, investment accounts, or a desire to control how assets are distributed over time, a trust is often worth the setup effort. Remember Florida has no state estate or inheritance tax, so trust planning here is about control and probate avoidance, not state tax.

Talk to a Florida Attorney

Estate planning as a single person is about making sure your voice, not a default statute, controls your money, your medical care, and your legacy. Because Florida’s rules on wills, homestead, and incapacity are specific, consider speaking with a licensed Florida estate planning attorney who can tailor a plan to your situation in Miami-Dade County.

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 Article 81 guardianship in New York.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group PLLP.

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