Many Floridians believe a will is only necessary if they have a large estate, a complicated family, or significant assets. In truth, a will is one of the most basic — and most important — documents nearly every adult should have. Here is what happens with and without one in Florida.
What Happens If You Die Without a Will?
If you pass away without a valid will, Florida's intestacy laws determine who inherits your property. These default rules follow a strict order based on your family relationships, not your personal wishes.
For example, if you are married with children from a previous relationship, your spouse and children may have to share your estate in proportions you may not have intended. Unmarried partners, close friends, stepchildren, and charities receive nothing under intestacy — no matter how important they were to you.
Why a Will Matters — Even If You Don't Think You're "Wealthy"
A will is not just about money. It allows you to:
• Name a personal representative (executor) you trust to handle your estate.
• Nominate guardians for any minor children.
• Leave specific items — heirlooms, jewelry, vehicles — to specific people.
• Make charitable gifts that reflect your values.
• Reduce confusion, conflict, and delay among the people you leave behind.
Common Misconceptions
"My spouse will automatically get everything." Not always. Florida law splits assets between a surviving spouse and children in many situations, particularly in blended families.
"Joint accounts and beneficiary designations handle everything." These can transfer specific assets, but they don't cover personal items, guardianship of children, or anything left out by mistake. A will catches what beneficiary designations miss.
"I'm too young to need a will." Estate planning is for any adult — especially parents of minor children and homeowners. Life is unpredictable; planning early gives you control.
What Makes a Will Valid in Florida?
Florida has specific legal requirements. To be valid, your will generally must be:
• In writing.
• Signed by you (the testator) at the end of the document.
• Witnessed by at least two competent witnesses, who sign in your presence and in the presence of each other.
Handwritten (holographic) wills are not valid in Florida unless they meet these formal witnessing requirements. Many do-it-yourself wills fail at this step.
Is a Will Enough?
A will is a great foundation, but a complete estate plan often also includes a Durable Power of Attorney, Designation of Health Care Surrogate, Living Will, and — depending on your goals — a trust or Lady Bird Deed. The right combination depends on your family, assets, and wishes.
If you have been putting off creating a will, you are not alone — but you also do not have to do it on your own. At Lloyd Law Firm, we walk you through the process step by step and create a plan that fits your life. The peace of mind is worth it.