New Homeowner in Broward County? 5 Legal Documents You Need This Year
Buying a home is the largest financial transaction most people complete — but most new homeowners do not realize that the closing is only the beginning. Five legal documents protect what you just purchased and ensure your family is covered if something goes wrong.
Quick Answer
New homeowners in Broward County should take five legal steps in the year after closing: (1) File a homestead exemption application by March 1 to save thousands annually in property taxes and protect the home from most creditors — this deadline is real and missing it costs you the exemption for that year. (2) Create or update a will or revocable living trust to ensure the home passes to the right person without expensive probate — without either document, your home goes through Florida's intestacy statute which may not match your intentions. (3) Execute a durable power of attorney so a trusted person can manage the mortgage, insurance, and property if you become incapacitated. (4) Sign a healthcare surrogate designation and living will so your medical decisions are made by someone you trust. (5) Consider a Lady Bird deed (enhanced life estate deed) if you want a simple, low-cost way to pass the property to a single heir outside of probate without the complexity of a full trust. Together, these documents protect the investment you just made and ensure it reaches the people you intend.
Congratulations on your new home in Broward County. The closing is behind you, you have the keys, and you are ready to move in.
There are five legal steps most new homeowners do not take — and should — to protect their investment and their family. One of them has a hard deadline that comes once a year.
Document 1: Homestead Exemption Application (Deadline: March 1)
Florida's homestead exemption reduces your property's assessed value for tax purposes by $50,000 (for most homeowners), saving hundreds to thousands of dollars per year in property taxes depending on your millage rate.
You must apply for it. It does not apply automatically.
The application must be filed with the Broward County Property Appraiser's office by March 1 of the year you want the exemption to apply. If you close in October and miss the March 1 deadline, you wait an entire additional year.
Beyond the tax benefit, homestead status:
To file: Visit the Broward County Property Appraiser's website or office with your closing documents. You must be a Florida resident and the property must be your permanent primary residence.
Document 2: Will or revocable living trust
Your home is now your most significant asset. Without a will, Florida's intestacy statute controls who inherits it — and the result may not reflect your intentions.
For example: if you are unmarried with no children and die without a will, your home passes to your parents if living, then to your siblings. If you intended it to go to a partner, a friend, or a specific family member, intestacy produces a different result entirely.
For married homeowners: If you own jointly as tenants by the entireties (the most common form of ownership for married couples in Florida), the home passes automatically to the surviving spouse by operation of law — no will required for that transfer. But what happens when the surviving spouse later dies? A will or trust governs that next step.
For single homeowners, unmarried couples, and couples with children from prior relationships: A will or trust is essential to ensure the home passes as you intend.
Revocable living trust advantage: If you own in your individual name or with a spouse who is also an individual co-owner, a revocable living trust can hold the property and pass it to your beneficiaries without any probate proceeding — saving the estate the cost of court administration and months of delay.
Document 3: Durable Power of Attorney
A durable power of attorney (DPOA) names someone to manage your financial and legal affairs if you become incapacitated. For homeowners, this includes:
- Paying the mortgage, HOA dues, and insurance premiums
- Communicating with the lender if there is a problem
- Refinancing or selling the property if circumstances require
- Handling any property-related legal matters during your incapacity
Without a DPOA, the only way for another person to manage your property during incapacity is a court-supervised guardianship of the property — which is expensive, public, and slow.
Florida's DPOA requirements are strict: the document must name specific powers in specific language, must be signed before two witnesses and a notary, and must comply with Florida Statute §709.2101 et seq.
Document 4: Healthcare Surrogate Designation and Living Will
A healthcare surrogate designation names the person who makes medical decisions for you if you cannot make them yourself. A living will documents your preferences about end-of-life treatment in terminal conditions.
These documents are not unique to homeowners — every adult should have them. But the transition of buying a home is often the moment people recognize they are building a life and a future, and that they should have these documents in place.
Florida requires two witnesses (not a notary) for a healthcare surrogate designation. A living will requires two witnesses and is most useful when it includes specific guidance about your preferences — not just generic language.
Document 5: Lady Bird Deed (Enhanced Life Estate Deed)
A Lady Bird deed (formally, an Enhanced Life Estate deed) is a Florida-specific tool that allows you to:
- Transfer your property to a named beneficiary at your death
- Retain complete control, including the right to sell, mortgage, or transfer the property during your lifetime
- Avoid any probate proceeding for the property
A Lady Bird deed is simpler and less expensive than a full revocable living trust, and it accomplishes the probate-avoidance goal for a single property with a single beneficiary.
It is not the right tool in every situation — if you have multiple beneficiaries, a complex family structure, or want to include other assets in a comprehensive plan, a trust is the better approach. But for a single person who owns one home and wants it to pass to one designated heir without probate, a Lady Bird deed is an efficient solution.
The Full Checklist for New Homeowners
| Action | Deadline | Purpose | |---|---|---| | Homestead exemption application | March 1 | Tax savings + creditor protection | | Will or revocable living trust | As soon as possible | Ensure home passes as intended | | Durable power of attorney | As soon as possible | Manage home during incapacity | | Healthcare surrogate + living will | As soon as possible | Medical decision authority | | Lady Bird deed (if no trust) | When convenient | Avoid probate for property |
Frequently Asked Questions
I just bought with my spouse. We own as tenants by the entireties. Do we still need a will? Yes. Joint ownership with survivorship rights handles the death of the first spouse, but the surviving spouse still needs a will or trust to determine what happens when they die. A plan designed for both scenarios is more complete.
We're not married. Does our joint ownership protect the other person? It depends on how title is held. Joint tenancy with right of survivorship passes the property automatically to the surviving joint owner. Tenancy in common does not — each person's share passes through their estate. Consult an attorney to confirm how your deed reads and whether a will or trust is needed.
Do I need to update my estate plan every time I refinance? Not unless the refinancing requires the deed to be changed. If property is in a revocable trust, the lender may require it to be temporarily deeded out of the trust for closing and then back in — your attorney can handle this as a standard step.
I also own a condo. Should both properties be in a trust? Generally yes, if you want both to avoid probate. Real property anywhere in Florida can be placed in the same revocable trust.
Contact Mark Mastrarrigo P.A. to complete these five documents after your home purchase. Our Cooper City office serves new homeowners throughout Broward County, including Davie, Weston, Pembroke Pines, Plantation, and Fort Lauderdale.