The Ultimate Estate Planning Checklist for Getting Your Affairs in Order in 2026

The start of a new year brings resolutions about health, finances, and future goals. But here’s a resolution many families overlook: reviewing and updating your estate plan.

At Berg Bryant Elder Law Group, January consultations often begin the same way: “We created our estate plan years ago and haven’t looked at it since.” Life changes, laws change, and your plan should change with them.

Here’s your practical checklist for getting your Florida estate plan in order for 2026.

Review Your Existing Documents

When did you last read your will or trust?

Pull out these documents and actually read them. You might be surprised at what you find.

Common discoveries:

• The person named as executor has passed away or is no longer a good choice
• Your children were minors when you created the plan; now they’re adults
• You’ve acquired significant assets not addressed in the original documents
• The guardian you named for minor children moved across the country
• Your backup trustees or agents are no longer appropriate choices

If your documents are more than five years old, it’s probably time for a review. If they’re more than ten years old, updates are almost certainly needed.

Check Every Beneficiary Designation

Beneficiary designations on retirement accounts, life insurance, and annuities override what your will or trust says. Many families have conflicting designations without realizing it.

Action items:

• Pull beneficiary forms for every IRA, 401(k), 403(b), and pension
• Review all life insurance policies
• Check annuity beneficiary designations
• Verify payable-on-death (POD) and transfer-on-death (TOD) accounts

Watch for these common problems:

• An ex-spouse still listed as beneficiary
• Adult children listed individually instead of through a trust
• Outdated percentages that no longer reflect your wishes
• Estate named as beneficiary (which forces probate unnecessarily)
• No contingent beneficiaries listed

Remember: in Florida, you cannot disinherit your spouse through beneficiary designations alone. Spousal rights may override your designations in some cases.

Verify Asset Titling Matches Your Plan

If you created a revocable living trust to avoid probate, assets must actually be titled in the trust’s name. This is called “funding” the trust, and it’s where many plans fail.

Check these items:

• Is your home titled in your trust name?
• Are investment accounts retitled to the trust?
• Do you have new bank accounts opened after creating the trust?
• Are vacation properties or rental properties properly titled?

Florida’s homestead rules add another layer here. Your primary residence enjoys special protections, but titling must be done carefully to preserve both homestead benefits and trust advantages.

Update Your Healthcare Directives

Florida law allows you to designate a healthcare surrogate to make medical decisions if you’re unable to communicate. You should also have a living will stating your wishes about life-prolonging procedures.

Review these annually:

• Is your healthcare surrogate still the right person?
• Have you discussed your wishes with them recently?
• Do they live close enough to act quickly in an emergency?
• Have your wishes about end-of-life care changed?
• Does your doctor have a copy of these documents?

After the COVID-19 pandemic, many people reconsidered their healthcare wishes. If that’s you, update your documents to reflect your current thinking.

Confirm Your Powers of Attorney Are Current

Your durable power of attorney lets someone handle financial matters if you become incapacitated. Florida law updated power of attorney requirements in recent years.

Important considerations:

• Are your documents less than five years old?
• Does your agent live nearby or have the ability to handle your affairs remotely?
• Have you named alternate agents in case your primary choice is unavailable?
• Does your power of attorney include specific powers you need (like dealing with digital assets or making gifts)?

Some financial institutions are reluctant to accept older power of attorney documents. Having current forms prevents delays when you actually need someone to act for you.

Account for Major Life Changes

Certain life events should trigger an immediate estate plan review:

Marriage or divorce. Florida law automatically revokes certain provisions for former spouses, but updating everything clearly prevents confusion.

Birth or adoption of children or grandchildren. You’ll want to address inheritance, guardianship, and potentially create or update trusts.

Death of a spouse, child, or named fiduciary. All references to that person need updating throughout your documents.

Significant wealth changes. Inheritance, business sale, real estate appreciation—large asset increases may change your planning needs.

Serious illness diagnosis. Both for you and your spouse, health changes often prompt different planning priorities.

Move to or from Florida. Each state has different laws. Moving to Florida from another state likely means your documents need updating for Florida law.

Consider This Year’s Tax Law Changes

The federal estate tax exemption now sits at $15 million per person for 2026 after the One Big Beautiful Bill Act passed in 2025. This is significantly higher than the $13.99 million in 2025.

But remember: this could change again with future legislation. If you have significant wealth, annual reviews help you stay ahead of tax law shifts.

Florida residents enjoy the advantage of no state estate or income tax, but federal rules still matter for larger estates.

Don’t Forget Digital Assets

Most estate plans created before 2015 don’t address digital assets. Yet these are increasingly valuable and important:

• Online banking and investment accounts
• Cryptocurrency holdings
• Social media accounts
• Digital photo libraries
• Business websites and domains
• Subscription services
• Loyalty program points and miles

Florida’s Revised Uniform Fiduciary Access to Digital Assets Act gives fiduciaries some access rights, but explicitly granting authority in your documents makes the process much smoother.

Review Your Florida Homestead Status

If you moved to Florida in the past few years, have you claimed homestead exemption on your primary residence? This provides:

• Property tax savings (up to $50,000 exemption)
• Save Our Homes assessment cap
• Creditor protection in many situations
• Potential Medicaid planning advantages

You must file for homestead exemption with your county property appraiser by March 1 to receive benefits for that year.

Schedule Your Estate Plan Review

You wouldn’t go years without seeing a doctor or dentist. Your estate plan deserves the same regular attention.

A good rule: review your plan annually and update it after major life events or every three to five years minimum.

At Berg Bryant Elder Law Group, we help families throughout Northeast Florida keep their estate plans current and effective. We serve Jacksonville, Jacksonville Beach, Orange Park, St. Augustine, and surrounding communities in Duval, Clay, St. Johns, and Nassau Counties.

Ready to check estate planning off your New Year’s resolution list? Visit our website to schedule your 2026 estate plan review with our Florida Board Certified Elder Law Attorneys.

This blog post is for informational purposes only and does not constitute legal advice. Estate planning requirements and laws change over time. Consult with qualified professionals to discuss your specific situation.