Why Do I Need a Simple Will in Florida?

A last will and testament can record how you want probate property handled, nominate a guardian for minor children, and name a personal representative. Without a valid will, Florida intestacy and probate rules govern the property and appointments they cover.

What a Simple Will Actually Does

A simple will is a legal document that takes effect when you pass away. It lets you make a handful of decisions that have an enormous impact on the people you leave behind.

In plain terms, a will gives you control over four key things:

• Who inherits probate property covered by the will.
• Who you nominate as guardian for minor children; the court makes the appointment under the applicable standard.
• Who settles your affairs, by naming a personal representative (Florida's term for an executor).
• How specific gifts or heirlooms are passed on to the people you choose.

What Happens If You Don't Have One

If you die without a will in Florida, you are said to die 'intestate.' That means Florida's intestacy laws (Chapter 732 of the Florida Statutes) decide who gets what — regardless of what you would have wanted.

The court, not you, will also appoint the person who administers your estate, and a judge will decide who raises your minor children if both parents are gone. This process is often slower, more expensive, and far more stressful for your family than if you had simply put your wishes in writing.

Who Needs a Will — and When

Wills are not only for the wealthy or elderly, but a simple will is not the right or complete plan for everyone.

A person may want to consider a will if any of the following apply:

• You have children, especially minors who would need a guardian.
• You own a home, a vehicle, or have money in the bank.
• You want certain people — or charities — to receive specific items or gifts.
• You want to spare your family the cost and delay of an intestate estate.

What Makes a Will Valid in Florida

Florida law has execution requirements for written wills. Section 732.502 generally requires the testator to sign at the end, or acknowledge a prior signature, in the presence of two attesting witnesses who sign in the presence of the testator and each other.

These formalities matter. A will that is missing a signature or a witness can be rejected, leaving the estate to be handled as if no valid will existed. Legacy Legal AI provides a Florida-focused template and signing instructions, but it cannot determine whether the result is valid for a particular estate.

Frequently Asked Questions