Most adults in Florida benefit from having a will, even with a modest estate. A will lets you decide who receives your property, who handles your estate and who would care for your minor children.
What happens if you die without a will
If you die without a valid will, Florida's intestacy laws decide who inherits your property. The order generally starts with a spouse and descendants, then parents, then siblings and more distant relatives. The result may not match what you would have wanted. For example, an unmarried partner or a close friend receives nothing under these rules.
What makes a Florida will valid
- In writing and signed by you at the end of the document.
- Two witnesses who sign in your presence and in each other's presence.
- Handwritten wills aren't enough on their own. Florida doesn't accept an unwitnessed handwritten will, even if you wrote and signed every word.
- A self-proving affidavit, signed before a notary, makes the probate process easier because the witnesses usually won't need to testify later.
Florida homestead rules
If you own a Florida home and are survived by a spouse or a minor child, the Florida Constitution limits how you can leave that home in your will. These rules surprise many families, so they're worth reviewing with a lawyer.
Other documents worth having
- Durable power of attorney: lets someone you trust handle financial matters if you can't.
- Designation of health care surrogate: names someone to make medical decisions for you if you can't.
- Living will: states your wishes about life-prolonging treatment.
- Beneficiary designations: life insurance, retirement accounts and "payable on death" accounts pass by their own forms, not by your will, so keep them up to date.
Review your plan after big life changes
Marriage, divorce, a new child, a move to Florida or buying a home are all good times to review your will and other documents.
This article is general information about Florida law, not legal advice. Estate planning depends on your family, property and goals. Reading this doesn't create an attorney-client relationship.