The process of creating a will (the document that expresses how you want your property to be distributed upon your death) can seem like a daunting task. About half of Americans over age 65 don’t have a valid will, often because they assume the process is more complicated than it actually is.
Creating one in Florida can be as simple as you want to make it. If you find the process challenging, an experienced will attorney can help. The questions below cover what we hear most often from Sarasota families.
What happens when someone dies without a will?
When someone dies without a valid will, Florida law decides who receives the estate. This is called intestate succession. In general:
- A surviving spouse with no children may inherit the entire estate.
- A surviving spouse and children may share the estate, depending on the family structure.
- If there is no spouse or child, the estate passes to relatives in the order set by Florida law.
Those rules do not always match real family relationships. A close friend, an unmarried partner, a charity, or a stepchild you never legally adopted may receive nothing through intestacy.
A will lets you make those choices yourself rather than leaving them to default rules.
What should I put in my will?
Anyone who is age 18 or older with a sound mind can write a will in Florida. The will must be signed by the person writing it (the testator) in the presence of two witnesses, who must also sign. A simple will typically include:
- Instructions for distributing your assets and belongings. This can range from “All of my property should be distributed evenly among my four children” to item-by-item bequests. You can also leave property to charitable organizations or fund a pet trust for an animal.
- A designated personal representative for your estate. This is the person you trust to handle your financial affairs after you die. In other states, this person is called the “executor.”
- A guardian for your minor children. If you have children under 18, name a preferred guardian. The court would otherwise choose for you, and it may not match what you would have chosen.
- Alternate beneficiaries and an alternate personal representative. Spelling out backups avoids ambiguity if your first choices can’t or won’t serve.
Do I need a lawyer to write my will?
Florida law does not require you to consult a lawyer when you write your will. To save money, some people write their own wills or use online fill-in-the-blank forms. The approach is generally not recommended.
A do-it-yourself will may be incomplete, ambiguous, or fail to comply with Florida’s strict execution formalities. The will could end up costing your family money as they work to settle your estate, sometimes far more than you saved by skipping legal counsel.
The cost of a properly drafted will is usually modest compared to the cost of probate disputes that can arise from a poorly drafted one.
How do I create an estate plan?
A will is often the starting point, but it may not be the only document you need.
A complete estate plan may include:
- A living will states your medical wishes if you are unable to communicate.
- A durable power of attorney lets someone handle your financial and legal affairs if you are unable to act.
- A healthcare surrogate designation or healthcare power of attorney for medical decisions.
- A revocable living trust to manage assets during life and help avoid probate after death.
The right mix depends on your assets, family structure, health concerns, minor children, business interests, and whether probate avoidance matters to you.
How often should I update my will?
A will should be reviewed every few years and after major life changes.
Common reasons to review it include:
- marriage or divorce
- birth or adoption of a child or grandchild
- death of a beneficiary or personal representative
- a major inheritance, business sale, property purchase, or financial change
- moving to or from Florida
- changes in estate tax or probate law
An update does not always require a full rewrite. Sometimes a codicil can address a smaller change. Larger changes usually call for a new will to keep the document clear.
What about estate taxes in Florida?
Florida has no state estate or inheritance tax, which puts its residents in a better position than those of many other states.
Federal estate tax still applies to large estates. The federal exemption is currently around $13.61 million per person, and most families don’t approach that threshold. For families that do, planning around the federal exemption is part of estate planning.
What Is the Difference Between a Will and a Trust?
A will takes effect after death and usually goes through probate. It tells the court how property in your probate estate should be distributed.
A trust can hold and manage assets during your lifetime and after your death. A revocable living trust may also help avoid probate if the assets are properly transferred into it.
Many families use both. The trust handles the main assets, while a pour-over will catch anything that was not transferred into the trust before death.
What Happens If I Move Out of Florida?
A will that was validly signed in Florida may still be recognized in another state, but it should be reviewed after a move.
State laws can differ in execution rules, probate procedures, homestead laws, spousal rights, taxes, and default inheritance rules. A move can also change who should serve as a personal representative or whether your documents remain valid.
If you relocate, have an attorney in your new state review your will and estate plan before assuming everything still fits.
Talk Through Your Will With Allie Castellano
A will is easier to put in place when the main decisions are already clear: who should inherit, who should manage the estate, and who should care for minor children if needed.
Allie Castellano helps Sarasota families create and update wills that are properly drafted, clearly signed under Florida law, and coordinated with the rest of their estate planning documents.
Contact Buckman, Buckman & Castellano P.A., to schedule a free consultation and review the next steps for your will or estate plan.
