Why Is a Last Will and Testament Important in Florida?

A last will and testament is the legal document that tells a Florida court who should receive your property, who should manage your estate, and who should care for your minor children after you pass away. If you die without one, Florida law makes those decisions for you, and the result is often not what you would have chosen.

The team at Dill, Evans & Rhodeback has helped Space and Treasure Coast families put these documents in place for more than 30 years. This guide covers what a will does, what happens in Florida if you do not have one, what makes a will valid, and the steps to create one.

What Is a Last Will and Testament?

A last will and testament, usually just called a will, is a legal document that says how you want your property handled and who you want to carry out your wishes after you die.

The person who makes the will is the testator. The person you name to settle your estate is called the personal representative in Florida (other states call this role the executor).

A will lets you do several things in one document:

• Decide who inherits your money, home, and belongings
• Name a personal representative to handle your estate
• Name a guardian for your minor children
• Leave specific gifts to family, friends, or charities

If you need to change a will later, you do not have to start over. A short document called a codicil can update parts of an existing will, such as adding a beneficiary or naming a new personal representative. Most people who make larger changes simply sign a new will instead.

One question comes up again and again: does everyone actually need a will? No one is legally required to have one. Still, depending on your family, your assets, and your goals, a will is one of the most useful tools you can put in place.

What Happens in Florida If You Die Without a Will?

If you die without a will in Florida, you die “intestate,” and the state’s intestate succession laws in Chapter 732 of the Florida Statutes decide who inherits your property. These are default rules, and they often surprise the people left behind.

Many people assume a surviving spouse automatically inherits everything. In Florida, that is not always true. When the person who died has children who are not also the children of the surviving spouse, the spouse receives half of the estate, and the children share the other half.

A Florida Example

Picture a married couple with one child together. The husband also has a child from an earlier relationship whom he has not spoken to in 25 years. The husband dies without a will.

Under Florida law, his estate is split in half. The wife receives 50 percent. The remaining 50 percent is divided among the husband’s children, which means both the child of the marriage and the estranged child from the prior relationship share it.

The wife now co-owns part of the estate with someone her husband had not spoken to in decades, and the couple’s own child inherits less than the parents likely intended.

Now change one detail. If the wife had passed away first, the husband would have inherited 100 percent of her estate. The same people are involved, yet the outcome changes completely based on who dies first and whether a will exists.

Florida also has special rules for homestead property, which can pass differently from the rest of an estate and cannot always be left to whomever you choose. A will, paired with advice from a Florida estate planning attorney, lets you set your own plan instead of leaving it to these default rules.

What Makes a Will Valid in Florida?

For a will to be valid in Florida, you must be at least 18 years old and of sound mind; the will must be in writing, and you must sign it in front of two witnesses who then sign in your presence and in each other’s presence. Florida sets out these signing rules in Section 732.502 of the Florida Statutes. If the signing is not done correctly, a court may refuse to accept the will at all.

A few points trip people up:

• Florida does not accept handwritten (holographic) wills that were not signed with two witnesses, even if another state would.
• Florida does not accept oral wills. A spoken promise is not a valid will.
• An attorney will usually make a will “self-proving” by adding a notarized affidavit signed by you and your witnesses. A self-proving will is not required, but it lets the court accept the will without tracking down the witnesses later, which speeds up probate.

If you want a deeper look at the formats Florida recognizes, see our guide to the common types of Florida wills. For a plain-English overview from the state bar, The Florida Bar also publishes a consumer guide on wills.

How Do You Make a Will in Florida?

Making a will in Florida follows a clear set of steps:

1. List your assets. Write down what you own, including your home, accounts, vehicles, and valuables.
2. Choose your beneficiaries. Decide who receives what.
3. Name a personal representative. Pick someone you trust to settle your estate.
4. Name a guardian for minor children. This is one of the most important reasons parents make a will.
5. Put it in writing and sign it correctly. Sign in front of two witnesses who sign in front of you and each other.
6. Make it self-proving. Add a notarized affidavit so the will is easier to accept in probate.
7. Store it safely and tell your personal representative where to find it.

You can buy a fill-in-the-blank form online, but a form cannot tell you how Florida law treats blended families, homestead property, or accounts that already name a beneficiary. An estate planning attorney makes sure the will is signed correctly and that it actually does what you intend.

A Will Is Powerful, But Not the Only Tool

A will is a strong estate planning tool, and it is not the only option. After meeting with an attorney, many people learn there are other ways to reach their goals. These are often called will substitutes, and they include beneficiary designations on accounts, trusts, and enhanced life estate deeds (sometimes called lady bird deeds).

Used well, these tools can help certain assets pass directly to your loved ones and reduce what has to go through court. Property that passes through a will still goes through probate, the court-supervised process of settling an estate. Some estates qualify for a faster track, which we explain in our overview of summary administration in Florida probate. The right mix depends on your assets, your family, and your long-term goals, which is the heart of Florida estate planning.

When to Call a Florida Estate Planning Attorney

Call an attorney when your situation is anything but simple. Blended families, a home you want to protect, a business, minor children, a family member with special needs, or property in more than one state are all signs that a do-it-yourself form is not enough. An attorney can also review accounts that already name beneficiaries, since those can override your will.

At Dill, Evans & Rhodeback, our team has served families across the Space and Treasure Coast for more than 30 years from our office in Sebastian. We take the time to understand your family and your goals so your plan reflects what matters most to you. You can schedule a consultation to talk through your options.

Conclusion

A will is not legally required, but it is one of the most important documents you can have if you want a say in what happens to your property and your family.

• Without a will, Florida’s intestate laws decide who inherits, and the outcome may not match your wishes.
• A valid Florida will must be in writing, signed, and witnessed correctly, and a self-proving affidavit makes probate smoother.
• A will often works best alongside other tools such as trusts and beneficiary designations.

Every family is different. To build a plan that fits yours, contact Dill, Evans & Rhodeback and talk with an attorney who knows Florida law.