Do You Need a Will in Florida?What Happens If You Don't Have One

Most people put off writing a will. It's uncomfortable, easy to postpone, and feels like something you can do "later." But if you die in Florida without a will, the consequences for your family can be significant — and irreversible.

What Does It Mean to Die Without a Will?

Dying without a valid will is called dying intestate. When that happens, Florida's intestacy statutes — not your wishes — determine what happens to everything you own. The court appoints an administrator, the probate process begins, and your assets are distributed according to a legal formula that has nothing to do with what you would have wanted.

Who Gets What Under Florida's Intestacy Laws?

The distribution depends on your family situation:

• Spouse but no children: Your spouse inherits everything.
• Children but no spouse: Your children inherit equally.
• Spouse and children from that same marriage: Your spouse typically inherits everything.
• Spouse and children from a prior relationship: Your spouse receives 50% and your children from the prior relationship receive the other 50%. Your spouse does not inherit everything — which surprises many people.
• No spouse, no children, no parents: Assets pass to siblings, then more distant relatives, and ultimately to the state if no heirs are found.

If you wanted a close friend, a stepchild, a charity, or a specific person to receive something — Florida intestacy law cannot honor that wish. It doesn't know what you wanted. Only a will does.

What Happens to Your Minor Children?

If you have minor children and die without a will, a court appoints a guardian — but it may not be the person you would have chosen. A will lets you designate a guardian directly, ensuring your children are cared for by someone you trust rather than whoever the court selects based on limited information.

This alone is the most common reason young parents create an estate plan. The assets may be modest, but the decision of who raises your children is not.

Common Misconceptions About Wills

"My spouse will automatically get everything."
Not necessarily — as shown above, if you have children from a prior relationship, your spouse may only receive half.

"I don't have enough assets to need a will."
Estate planning isn't just about wealth. A will also covers who makes medical decisions for you if you're incapacitated, who manages your finances, and who cares for your children. These decisions matter regardless of the size of your estate.

"I have a beneficiary designation, so my accounts will transfer fine."
Beneficiary designations on retirement accounts, life insurance, and bank accounts do transfer outside of probate — but only if they're current and correctly designated. Outdated beneficiary forms are a common source of family disputes.

"I can do it later."
None of us knows when later becomes too late.

What a Basic Florida Estate Plan Should Include

At minimum, most people benefit from having:

• Last Will and Testament — directs how your assets are distributed and names a guardian for minor children
• Durable Power of Attorney — designates someone to manage your financial and legal affairs if you become incapacitated
• Health Care Surrogate Designation — names someone to make medical decisions on your behalf
• Living Will / Advance Directive — documents your wishes regarding end-of-life care

For those with larger estates, complex family situations, or significant assets, a Revocable Living Trust may also be appropriate to keep your estate out of probate and transfer assets privately to your beneficiaries.

How Long Does It Take and What Does It Cost?

A basic estate plan can typically be completed in a few weeks. It doesn't have to be expensive — and the cost of not having one is always higher. Probate proceedings in Florida are public, time-consuming, and can be costly to your estate and your family. A properly drafted plan avoids most of that.

If you don't have an estate plan in place, the best time to create one is now — before a health event, family change, or accident makes it urgent.