Do You Need a Will in Florida? What You Should Know.
When planning for the future, one of the most important legal documents you can create is a last will and testament. Whether you have significant assets or a modest estate, having a will ensures your wishes are honored and your loved ones are protected after you’re gone.
Here’s what you should know about wills in Florida:
🔹 What Is a Will?
A will is a written legal document that outlines how your property will be distributed upon your death. It also allows you to name a personal representative (executor) to manage your estate and appoint a guardian for minor children.
🔹 Why Is a Will Important?
Without a valid will, Florida’s intestacy laws decide who inherits your assets — and the outcome may not reflect your true wishes. A will gives you control and can help avoid unnecessary family disputes and court delays.
🔹 What Can You Do in a Will?
In Florida, you can use a will to:
- Designate who receives your assets
- Name a personal representative
- Appoint a guardian for minor children
- Provide for pets or charitable causes
🔹 Who Can Make a Will?
Any Florida resident 18 years or older (or an emancipated minor) of sound mind can create a will. It must be:
- In writing
- Signed by the testator (or someone under their direction)
- Witnessed by two people who sign in each other’s presence
🔹 What Happens If You Don’t Have a Will?
Dying without a will is called dying intestate. The court will follow state statutes to distribute your estate — possibly to relatives you would not have chosen or leaving out non-family members entirely.
🔹 Are There Alternatives or Supplements to a Will?
Yes. In addition to or instead of a will, you might consider:
- A revocable living trust for probate avoidance
- Payable-on-death accounts or beneficiary designations
- Joint ownership with rights of survivorship
🔹 Should You Use a Lawyer?
While online will forms exist, they may not comply with Florida law or suit your individual situation. A licensed attorney can ensure your will is valid, customized to your needs, and integrated with other estate planning tools.