You’re never too young to have a will. If you are an adult in Florida and have assets to pass down, or if you have children under 18, you need a valid, legally enforceable will.
Creating a simple will in Florida doesn’t need to be a long, expensive process. To get you started, here are five steps to take before drafting your will.
What to Consider When Preparing a Will
Before choosing beneficiaries or naming an executor, it helps to first understand what property your will can actually cover.
Determine what assets will be included
First, decide which property your Florida will can cover. You may be wondering: “Shouldn’t I just include everything I own?” Not necessarily. While almost everyone should have a simple will, if you have a complex estate, you may be better off passing down some assets through another method, such as a revocable living trust.
Real estate, retirement accounts, and life insurance often pass through different mechanisms (deeds, beneficiary designations) and aren’t necessarily controlled by the will. Make a list of what you own and how each item is currently titled before deciding what the will should cover.
Decide who will inherit your property
Once you know what you want to pass down through your will, decide who you’ll designate as your beneficiaries. You can select a single person as your sole beneficiary, or include as many people as you like. A will lets you retain significant control over your assets, so you get to make your own choices.
Think about contingencies too: if a primary beneficiary dies before you do, who should receive that share? Spelling out alternatives avoids ambiguity later.
Choose an executor
To be legally enforceable, a Florida will must name a person as the executor (also called a “personal representative” in Florida). This is the individual who will be responsible for carrying out your will after your death.
Select someone who is both willing and capable of fulfilling the position. The role involves real work, such as paying final bills, gathering assets, distributing them according to your instructions, and dealing with the probate court. Local executors handle the process more easily, since Florida probate often requires court appearances and document filings.
Name an alternate executor, too, in case your first choice can’t or won’t serve when the time comes.
Select a guardian for your children
If you have children under the age of 18, name a legal guardian in your will. The guardian will assume parental responsibilities if you (and the other parent) pass away before the children reach adulthood. Without a designation, the decision falls to a Florida court, which may not match what you would have chosen.
The person you name should be both capable of and interested in filling the role. Have the conversation with them before listing them in the document. People often assume their first instinct (a sibling, a close friend) is the right choice; the conversation often surfaces a better one.
Talk with a Sarasota estate planning attorney
Don’t let the name “simple will” fool you. Any will is a legally important document, and the cost of getting it wrong is borne by your family long after you’re gone. A proper will is customized to fit your individual situation, coordinates with the rest of your estate planning, and meets Florida’s strict execution formalities (signed by the testator in the presence of two witnesses, who also sign).
At Buckman, Buckman & Castellano, P.A., Allie Castellano works with Sarasota families on wills of all kinds, straightforward, blended-family, and small-business, through transparent flat-fee consultations.
Ready to Put Your Will in Place?
A will is easier to prepare when you have already thought through the basics: what you own, who should receive it, who should manage the estate, and who should care for minor children if that ever becomes necessary.
Those decisions do not have to be complicated, but they must be written clearly and signed correctly under Florida law. A short planning conversation now can save your family from confusion later.
For help creating or updating a will, contact Buckman, Buckman & Castellano, P.A. to schedule a free consultation with Allie Castellano.
