Florida's constitutional homestead carries strict devise restrictions. If the decedent is survived by a spouse and no minor children, homestead may not be devised away from the spouse (life estate mandatory). If minor children survive, homestead descends to them subject to the spouse's life estate. The system flags these restrictions and generates appropriate trust provisions that work within—or plan around—homestead limitations.

Florida's elective share entitles the surviving spouse to 30% of the elective estate—including probate assets, revocable trust property, and certain lifetime transfers. The interview captures prenuptial agreements, prior marriages, and asset titling to assess exposure. Trust provisions address elective share satisfaction and waiver considerations.

Trusts comply with the Florida Trust Code, including the 60-day notice requirement to qualified beneficiaries under §736.0813, modification and termination rules under §§736.04113-736.0412, and the principal and income act under Chapter 738. Certification of trust forms meet §736.1017 requirements.

Durable powers of attorney comply with Florida's revised Chapter 709, including the mandatory principal warnings under §709.2116, agent acknowledgment requirements under §709.2117, and the two-witness requirement for real property transactions. Superpowers (gifts, trust amendments, beneficiary designations) require express authorization.

Advance directives include the Designation of Health Care Surrogate under §765.202 and the Living Will under §765.302. Two witnesses are required, at least one of whom cannot be a spouse or blood relative, and the designated surrogate cannot serve as witness. Forms include HIPAA authorization and organ donation elections.

1. Intake with Florida-specific prompts

Collect client biographical data, real property details (including homestead status), fiduciary appointments, and marital history. The interview surfaces Florida-specific issues: homestead devise restrictions, elective share exposure, and prior marriages affecting planning strategy.

2. Trust, will, and powers drafting

Generate revocable living trusts compliant with Chapter 736, pour-over wills with self-proving affidavits under §732.503, Chapter 709 durable powers of attorney, and Chapter 765 advance directives. All documents use Florida statutory citations and execution formalities.

3. Deed and property transfer preparation

Prepare warranty and quitclaim deeds for trust funding. The system identifies properties that may qualify for homestead creditor protection and those subject to devise restrictions.

4. Funding documents and asset schedules

Generate assignment of personal property, Schedule A (real property), Schedule B (personal property), and beneficiary designation change letters. The trust schedules distinguish between homestead and non-homestead real property.

5. Attorney review and execution package

Review the complete document set with flagged items requiring attorney judgment. Generate execution-ready packages with signing instructions, notary acknowledgments (physical or RON), and witness requirements per Florida formalities.

Trusts comply with the Florida Trust Code, including spendthrift provisions under §736.0502, trustee powers under §736.0815-736.0816, and the Prudent Investor Rule under §518.11. Notification requirements under §736.0813 are addressed with template notices to qualified beneficiaries.

Pour-over wills and standalone wills include the self-proving affidavit format under §732.503. The testator and two attesting witnesses sign before a notary, eliminating the need for witness testimony in probate.

The certification contains all elements required by §736.1017: trust name, date of execution, settlor and trustee identities, revocability, trustee powers relevant to the transaction, and manner of taking title—without disclosing beneficial interests or dispositive provisions.

The statutory short-form POA under §709.2202 includes the mandatory warning language, agent acceptance and acknowledgment, and designation of successor agents. The form identifies which powers authorize real property transactions (requiring two witnesses) and which superpowers require express grant.

Expanded POA with detailed powers for real property, banking, tax matters, business operations, and digital assets. Includes the §709.2116 principal warning, §709.2117 agent acknowledgment, and carve-outs for superpowers that must be expressly authorized.

Compliant with §765.202 requirements: principal capacity statement, surrogate and alternate surrogate designations, scope of authority, and two-witness execution where neither witness is the designated surrogate and at least one is unrelated to the principal.

Compliant with §765.302-765.303: declaration of end-of-life preferences, conditions triggering the directive (terminal condition, end-stage condition, persistent vegetative state), and the same witness requirements as the surrogate designation.

Publication notice and direct mailing to known creditors that triggers the 3-month claims period under §733.702. Creditors who fail to file within the period are barred from later claims against the estate.

Required notice to beneficiaries and known creditors within 3 months of letters of administration. Includes information about the decedent, personal representative, and instructions for filing claims or objections.

Simplified probate for estates with a gross value under $75,000 (excluding exempt property) or where the decedent has been dead for more than 2 years. Petition and order forms comply with Probate Rule 5.530.

Florida enforces no-contest clauses under §736.1108, but only against challenges brought without probable cause or not in good faith. Clauses are drafted to maximize enforceability while acknowledging the statutory safe harbors.

Waiver provisions that satisfy F.S. §732.702 requirements: fair disclosure of assets, voluntary execution, and independent legal representation or express waiver thereof. Used in connection with prenuptial and postnuptial agreements.

Trust provisions and POA powers addressing fiduciary access to digital assets under the Florida Fiduciary Access to Digital Assets Act. Includes provisions for email accounts, social media, cryptocurrency, and online financial accounts.