Questions About Estate Planning in Florida
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FREQUENTLY ASKED QUESTIONS ABOUT WILLS, TRUSTS, AND DIGITAL ESTATE PLANNING
1. How to find out if someone has a will?
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If you’re unsure whether a loved one created a will, start by checking with the person’s estate attorney or the county probate court where they lived.
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In Florida, an attorney can search probate records and contact any lawyer who may have drafted the document.
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Families often find a copy in safe-deposit boxes or among personal papers.
2. Are wills public knowledge?
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A will is not generally public knowledge until it’s filed with the probate court after someone’s passing.
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There are some exceptions but a will can be kept private.
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Once filed, it becomes part of the public record.
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Before probate, only the testator and authorized parties—such as their last will and testament attorneys—should have access.
3. Does a power of attorney override a will?
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A power of attorney (POA) only applies while the person is alive.
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A will takes effect after death.
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An estate attorney can help coordinate both documents to avoid conflicts.
4. What is the average cost of a will and trust in Florida?
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The average cost of a will and trust in Florida depends on complexity, number of beneficiaries and whether you include real property or digital asset estate planning.
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Single documents can start anywhere from $400-1,000, depending on the complexity and skill set of the entity drafting the document.
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Complete packages vary. If you are interested in our pricing, our flat-fee estate planning price guide is available here on our website.
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Estate planning fees vary depending on whether you need only a will, or a complete estate plan that includes trusts, health-care directives, and digital estate management.
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A transparent flat-fee consultation can prevent unexpected costs.
5. Does a will have to be filed?
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In Florida, a will is generally filed with the clerk of court to commence probate.
6. How do you find a lost will?
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To find a lost will, check safety-deposit boxes, home safes, or the attorney’s office that originally drafted it.
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You can also search county court filings or contact lawyers that do wills and probate to help conducting a record search.
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If no original can be found, the court may accept a copy under limited circumstances but that usually requires attorney intervention.
7. How do I know when probate is not necessary?
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Probate is not necessary in certain circumstances -- usually when there is a living trust or a Lady Bird Deed.
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A living trust attorney near me can structure your estate so assets pass directly to heirs without formal probate.
8. Can a POA create a trust?
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A power of attorney can create a trust only if the power of attorney document specifically authorizes that act.
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Without that clause, a court may reject any trust created by an agent.
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Always have a qualified trust planning attorney review your documents before signing.
9. What is a digital estate / digital asset trust?
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Your digital estate includes everything you own online—from social-media content to crypto wallets.
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Digital asset estate planning ensures that cryptocurrency, online accounts, and other electronic property are protected and transferred under Florida’s Digital Assets Act.
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A properly drafted digital asset trust can authorize your heirs or fiduciaries to access and manage those accounts securely.
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Digital assets and estate planning now go hand in hand with traditional estate law -- but your attorney should be familiar with practical understanding of crypto and blockchains.
This FAQ is provided for general educational purposes.
For specific guidance, contact a licensed attorney in your jurisdiction.
This FAQ is provided for general educational purposes.
For specific guidance, contact The Law Offices of Carolina Nunez, P.A.
ABOUT OUR FLORIDA ESTATE PLANNING FIRM
At The Law Offices of Carolina Nunez, P.A., we are not traditional. We prefer to offer services that are modern and personally tailored to each case.
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Our offices offer flat-fee estate planning and transparent communication with direct attorney access.
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We are one of the few law firms that offer digital legacy plan services in Florida.
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Virtual consultations are available statewide.
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You will have access to multi-practice convenience.
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If needed, your services include tech-enabled evidence gathering and reports from OSINT certified partners.
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Provide bilingual services (Hablamos Español) to guide families through the process.
My Commitment
As Your Florida Wills and Digital Estate Planning Attorney
I’m Attorney Carolina Nunez, and at The Law Offices of Carolina Nunez, P.A., I proudly provide personalized, flat-fee estate planning representation to individuals and families throughout Central Florida.
Unlike automated or online estate-planning platforms, our firm combines real human understanding with professional legal experience. We recognize the cultural values and social challenges many Floridians face, and that insight allows us to advocate passionately and effectively for every client—whether you need a Florida Lady Bird Deed, a living trust, or a Digital Estate Plan.
⚡Click Here to Request An Appointment Directly With the Attorney → (Online case evaluations receive priority).
