Estate Planning Differences Between Florida and Arizona: What You Need to Know

When planning your estate, it is crucial to understand the laws that govern estate planning in your state. Florida and Arizona, while both being popular states for retirees and individuals looking to manage their estates efficiently, have distinct differences in their estate planning laws and best practices. Whether you are a resident of Florida, Arizona, or both, our Tampa Estate Planning Lawyers at MMJ Law can help you make informed decisions to ensure your estate plan reflects your wishes accurately.

Homestead Exemption

Florida offers a robust homestead exemption, which provides significant protection against creditors. Under Florida law, the homestead exemption can protect an unlimited amount of value in your primary residence from forced sale by creditors, except for certain types of debts like mortgages, property taxes, and mechanics' liens. This exemption also offers a property tax benefit, capping the annual increase in assessed value at 3% or the change in the Consumer Price Index, whichever is lower.

Arizona's homestead exemption is less generous. It protects up to $250,000 of equity in a primary residence from creditors. Unlike Florida, Arizona's homestead exemption does not offer a property tax cap based on assessed value increases, making it less beneficial in terms of tax savings.

Community Property vs. Common Law Property

Florida is a common law property state, which means that property acquired during marriage is not automatically considered jointly owned. Each spouse can own property separately, and property distribution upon death or divorce follows the principles of equitable distribution.

Arizona is a community property state. Here, most property acquired during marriage is considered jointly owned by both spouses, and each spouse has an equal ownership interest. Upon death, a spouse's half of the community property typically passes according to their will or, if there is no will, through intestate succession laws.

Probate Process

Florida's probate process can be lengthy and complex. However, Florida allows for a summary administration, a shorter and simpler probate process, if the estate value is under $75,000 or if the decedent has been dead for more than two years. This process helps expedite the distribution of assets and reduces costs.

Arizona also offers a streamlined probate process known as informal probate. This process is typically quicker and less costly than formal probate, provided there are no disputes among heirs and the estate is straightforward. For more complex estates, formal probate is available.

Living Trusts

Establishing a living trust is a popular estate planning strategy in Florida to avoid probate. Since the probate process can be cumbersome, a living trust allows for the seamless transfer of assets to beneficiaries without the need for court intervention. Florida law supports a wide range of trust structures, providing flexibility to meet diverse estate planning needs.

Similarly, Arizona residents often use living trusts to bypass probate. Arizona law is also favorable towards the creation of living trusts, and the state's probate system encourages their use by providing a clear legal framework for their administration.

Medical and Financial Powers of Attorney

In Florida, it's essential to have a durable power of attorney for financial matters and a healthcare surrogate designation for medical decisions. These documents ensure that your financial and healthcare decisions are handled by someone you trust if you become incapacitated.

Arizona also recognizes durable powers of attorney and healthcare directives. One key difference is that Arizona requires witnesses or a notary public to validate these documents, adding an extra layer of formality.

Schedule a Consultation Today 

Understanding the nuances between Florida and Arizona estate planning laws is essential for effective estate management. If you need assistance with your estate planning in Florida or Arizona, contact MMJ Law today to schedule a consultation. Our Tampa estate planning law firm is here to guide you through the complexities of estate planning and help you achieve peace of mind.