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State rules · Florida

Florida: estate, probate and Medicaid rules in one place

What applies in Florida, collected from the site’s state datasets: estate and inheritance tax, transfer-on-death deeds, small-estate procedure, Medicaid long-term-care rules, and state income tax on retirement income. Where the dataset holds a source, the entry links it with its effective marker and check date; where it does not, the entry shows its verification status and the reason.

Quick answers

Does Florida have a state estate tax?

State estate tax: No. The pinned estate-tax dataset (2026.v2) has no row for Florida, so it cites no state statute; the state page records no state estate or inheritance tax.

Does Florida have an inheritance tax?

Inheritance tax: No. The pinned estate-tax dataset (2026.v2) has no row for Florida, so it cites no state statute; the state page records no state estate or inheritance tax.

Can you use a transfer-on-death deed in Florida?

Transfer-on-death deed for real estate: None — not available for real property. No TOD-deed statute — Florida uses the enhanced life estate (Lady Bird) deed; confirm with the county recorder

What is the Medicaid look-back period in Florida?

Look-back period: 60 months before the month of application (Florida Administrative Code rule 65A-1.712; Latest final adopted rule effective January 12, 2020).

Does Florida tax Social Security benefits?

Social Security benefits: No state individual income tax (floridarevenue.com; tax year 2026).

State estate tax

Estate-tax dataset 2026.v2

State estate tax
NoNo dataset row

The pinned estate-tax dataset (2026.v2) has no row for Florida, so it cites no state statute; the state page records no state estate or inheritance tax.

· Checked July 29, 2026

Inheritance tax

Estate-tax dataset 2026.v2

Inheritance tax
NoNo dataset row

The pinned estate-tax dataset (2026.v2) has no row for Florida, so it cites no state statute; the state page records no state estate or inheritance tax.

· Checked July 29, 2026

Transfer-on-death deed

Transfer-on-death deed for real estate
None — not available for real propertyNot primary-verified

No TOD-deed statute — Florida uses the enhanced life estate (Lady Bird) deed; confirm with the county recorder

· Checked July 26, 2026

Controlling statute
Not primary-verified

No TOD-deed statute — Florida uses the enhanced life estate (Lady Bird) deed; confirm with the county recorder

· Checked July 26, 2026

Small-estate procedure

Current rule
$150,000 property subject to administration, or death more than two years earlier; court summary administrationVerified

Source: Fla. Stat. § 735.201, as amended by Ch. 2026-57 · Effective: eff. Jul 1, 2026 · Checked August 23, 2026

Medicaid long-term-care eligibility

Medicaid dataset 2026.v16

ICP, HCBS, and hospice income limit
$2,982 per monthVerified
  • Applies to: single applicant.

Source: Florida DCF Appendix A-9 MSSI Income and Asset Standards · Effective: July 2026 edition; starred annual standards effective January 1, 2026 · Checked September 2, 2026

ICP, HCBS, and hospice income limit when both spouses apply
$5,964 per monthVerified
  • Applies to: married couple when both spouses apply.

Source: Florida DCF Appendix A-9 MSSI Income and Asset Standards · Effective: July 2026 edition; starred annual standards effective January 1, 2026 · Checked September 2, 2026

Applicant resource limit
$2,000Verified
  • Applies to: single applicant.

Source: Florida DCF Appendix A-9 MSSI Income and Asset Standards · Effective: July 2026 edition; starred annual standards effective January 1, 2026 · Checked September 2, 2026

Resource limit when both spouses apply
$3,000Verified
  • Applies to: married couple when both spouses apply; a community spouse's protected resources are assessed separately.

Source: Florida DCF Appendix A-9 MSSI Income and Asset Standards · Effective: July 2026 edition; starred annual standards effective January 1, 2026 · Checked September 2, 2026

Maximum community-spouse resource allowance
$162,660Verified
  • Applies to: institutionalized applicant with a community spouse; actual protected amount depends on assessed resources and adjustments.

Source: Florida DCF Appendix A-9 MSSI Income and Asset Standards · Effective: July 2026 edition; starred annual standards effective January 1, 2026 · Checked September 2, 2026

Community-spouse monthly maintenance-needs allowance
$2,705 minimum to $4,066.50 maximumVerified
  • Applies to: institutionalized applicant with a community spouse; Florida publishes a rounded $812 excess-shelter standard, and spouse income affects the actual allowance.

Source: CMS July 2026 spousal-impoverishment update · Also: Florida DCF Appendix A-9 MSSI Income and Asset Standards · Effective: Minimum maintenance-needs and shelter amounts effective July 1, 2026 · Checked September 2, 2026

Home-equity limit
$752,000Verified
  • Applies to: applicant subject to Florida's substantial-home-equity rule.

Source: Florida DCF Appendix A-9 MSSI Income and Asset Standards · Effective: July 2026 edition; starred annual standards effective January 1, 2026 · Checked September 2, 2026

Medicaid look-back

Medicaid dataset 2026.v16

Look-back period
60 months before the month of applicationVerified

Source: Florida Administrative Code rule 65A-1.712 · Effective: Latest final adopted rule effective January 12, 2020 · Checked September 5, 2026

Transfer-penalty divisor
$10,645 per monthVerified

Source: Florida DCF Appendix A-9 SSI-Related Medicaid Financial Eligibility Standards · Effective: April 2026 standards chart; transfer-of-asset divisor marked April 1, 2025 · Checked September 5, 2026

How the state administers the penalty
For transfers on or after November 1, 2007, Florida totals uncompensated transfers, divides by the average nursing-home cost without rounding down, converts a fractional month to days using 30 days, and starts the penalty on the latest of the transfer date, the date the person otherwise qualifies for long-term-care Medicaid, or the end of an existing penalty period.Verified

Source: Florida DCF Appendix A-8 Transfer Penalty Determination Process · Effective: Current process for post-DRA transfers made on or after November 1, 2007 · Checked September 5, 2026

Medicaid estate recovery

Medicaid dataset 2026.v16

Recovery scope
Florida recovers by filing a claim in the deceased recipient's probate estate for Medicaid assistance paid after age 55. Benefits paid before age 55 do not create an estate-recovery debt.Verified

Source: Florida Statutes § 409.9101, Medicaid Estate Recovery Act · Effective: 2026 Florida Statutes; section history through chapter 2013-18, effective July 2, 2013 · Checked September 3, 2026

Controlling authority
Florida Statutes § 409.9101 is the Medicaid Estate Recovery Act. It directs the agency to file its claim under the probate procedures in Part VII of Chapter 733 and cites the federal authority in 42 U.S.C. § 1396p(b)(1).Verified

Source: Florida Statutes § 409.9101, Medicaid Estate Recovery Act · Effective: 2026 Florida Statutes; section history through chapter 2013-18, effective July 2, 2013 · Checked September 3, 2026

Exemptions and deferrals
The debt is not enforced when the recipient is survived by a spouse, a child under 21, or a blind or permanently and totally disabled child. Property exempt from creditors under Florida law is also protected from the claim.Verified

Source: Florida Statutes § 409.9101, Medicaid Estate Recovery Act · Effective: 2026 Florida Statutes; section history through chapter 2013-18, effective July 2, 2013 · Checked September 3, 2026

Hardship waiver
The personal representative or any heir may ask AHCA to waive some or all recovery. The statute directs AHCA to consider a qualifying heir's residence in the home, loss of necessities, full-time care that delayed nursing-home entry, and whether sale costs would equal or exceed the property's value.Verified

Source: Florida Statutes § 409.9101, Medicaid Estate Recovery Act · Effective: 2026 Florida Statutes; section history through chapter 2013-18, effective July 2, 2013 · Checked September 3, 2026

Lien practice
Estate recovery proceeds through a probate claim. If the estate lacks liquid assets, nonexempt personal property or nonhomestead real property must be sold when sale costs will not exceed the proceeds; real property is not transferred to AHCA.Verified

Source: Florida Statutes § 409.9101, Medicaid Estate Recovery Act · Effective: 2026 Florida Statutes; section history through chapter 2013-18, effective July 2, 2013 · Checked September 3, 2026

State income tax on retirement income

Retirement-income tax dataset 2026.v4

Social Security benefits
No state individual income taxVerified
  • This jurisdiction has no broad-based state individual income tax; this is not a zero-dollar calculation.

Source: floridarevenue.com · Effective: tax year 2026 · Checked June 20, 2026

Public pensions
No state individual income taxVerified
  • This jurisdiction has no broad-based state individual income tax; this is not a zero-dollar calculation.

Source: floridarevenue.com · Effective: tax year 2026 · Checked June 20, 2026

Private pensions
No state individual income taxVerified
  • This jurisdiction has no broad-based state individual income tax; this is not a zero-dollar calculation.

Source: floridarevenue.com · Effective: tax year 2026 · Checked June 20, 2026

IRA and 401(k) distributions
No state individual income taxVerified
  • This jurisdiction has no broad-based state individual income tax; this is not a zero-dollar calculation.

Source: floridarevenue.com · Effective: tax year 2026 · Checked June 20, 2026

Military retirement pay
No state individual income taxVerified
  • This jurisdiction has no broad-based state individual income tax; this is not a zero-dollar calculation.

Source: floridarevenue.com · Effective: tax year 2026 · Checked June 20, 2026

About this page

This page assembles entries from datasets the site already publishes; it adds no figure of its own. Entries marked “Not yet verified” or “Pending” have no primary-source value in the underlying dataset yet. Rules change, so confirm anything you plan to act on with the source, the state agency, or a licensed attorney.

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