Do I Really Need a Will in Florida?

According to Caring.com's 2025 Wills Survey, over half of Americans have no estate plan in place.

Not long ago, a client came to us after the death of her mother. Her mother had been widowed for several years and, like many people, had simply never gotten around to making a will. What our client did not expect was that her estranged brother from her mother’s prior marriage, someone who lived out of state and had been absent from their lives for decades, was still legally entitled to an equal share of the probate estate under Florida’s intestacy laws. That included the family home where our client and her sister had grown up. Their mother had always intended for them to inherit it, but without a will, her intentions did not control. Florida law did. Unfortunately, this kind of situation is far more common than most families expect.

If you own property, have children, or care about who receives your assets after your death, a will is one of the most important estate planning documents you can have. Without one, Florida law decides who inherits your assets, and the result may not match your wishes.

What Happens If You Don’t Have a Will?

When someone dies without a will in Florida, that person dies “intestate.” That means Florida’s statutes § 732.103, Fla. Stat. (2025) controls who receives your probate estate, not you.

That formula can produce results you didn't actually want. For example, if you are survived by a spouse and all of your children are also your spouse's children, your spouse receives everything of your probate assets. But if you have children from another relationship, your spouse's share is one half, with the remaining half of your probate assets going to your children.

The same issue comes up when a parent passes without a spouse. If a widowed mother has three children but only two were part of her daily life, all three still share equally under the statute. The child she hadn't spoken to in decades receives the same share as the children who were by her side. Of course, a parent may very well want all of their children to receive an equal share, and there's nothing wrong with that. But in the case where they would prefer a different distribution, a will is the simplest way to make that happen.

In other words, without a will, you lose the ability to decide who gets what.

What Does a Will Actually Do?

A valid Florida will lets you make basic but important decisions for yourself instead of leaving them to default rules. A will can let you:

•         Name the people or organizations you want to receive your assets.

•         Nominate a personal representative to handle your estate.

•         Nominate a guardian for your minor children.

For many parents, that last point is one of the most important reasons to have a will in place.

Is a Will Enough (The big question)?

A will is the foundation of any estate plan. No matter how simple or complex your planning may be, a will is usually one of the base documents. But it does not work alone.

A complete estate plan is made up of several tools that work together, each serving a different purpose. A will directs the distribution of assets that pass through probate. A revocable living trust can hold assets during your lifetime and transfer them to your beneficiaries at death, often allowing those assets to pass outside of probate. Health care documents, such as a designation of health care surrogate and a living will, address medical decision-making and end-of-life wishes if you become unable to speak for yourself. Beneficiary designations, which you make directly with a bank, insurance company, or retirement plan, control who receives certain accounts outside of probate.

When these documents and strategies are properly coordinated, they create a plan that works as a whole. That coordination is what helps ensure your wishes are carried out fully and efficiently. A will is often where that planning begins.

Many estate planning attorneys recommend revocable living trusts, and for good reason. A trust can be a powerful tool for managing assets, simplifying administration, and avoiding probate. But not everyone needs one. Many people delay estate planning because they assume a trust is required and that the cost will be out of reach. In reality, that is not always the case.

For many clients, a simple will-based plan paired with health care documents may be exactly what they need, and it can often be prepared and executed for under $1,000. For clients who own real property and want to avoid probate on their home without the expense of a full trust, an Enhanced Life Estate Deed, more commonly known as a Lady Bird Deed, may also be an option. In many markets, that type of deed can often be prepared for under $500. By contrast, a revocable living trust often costs several thousand dollars.

A trust may still be the right choice in many situations, but estate planning does not have to begin with an expensive trust. The most important thing is to have a coordinated plan in place. For many families, a will-based plan is both practical and effective, and it is always better than having no plan at all.

When Should You Update Your Will?

Having a will is important, but so is keeping it current. Major life events like a marriage, divorce, the birth of a child, or a move to Florida from another state can all affect how your will operates or whether it still reflects your wishes. A will that was right for you five years ago may not be right for you today. If your circumstances have changed, it’s a good idea to have your plan reviewed.

Why You Shouldn’t Put This Off

Many people assume wills are only for the wealthy or the elderly. That’s not the case. A will matters for ordinary families because it helps answer three basic questions: who receives your assets, who handles the administration, and who you want caring for your minor children.

Without a will, those decisions are left to Florida statutes and, in some situations, the courts.

The Bottom Line

A will gives you a voice in decisions that Florida law would otherwise make for you. It’s one of the simplest and most important steps you can take to protect your family.

If you’re ready to put a plan in place, our firm can help you prepare a will tailored to your needs.