Estate planning is not just for the wealthy or elderly. It is one of the most important steps any Florida resident can take to protect their loved ones, preserve their legacy, and prevent unnecessary legal complications after death. If you have ever asked yourself, “Do I really need a will?” the answer is very likely yes. And with August being National Make-A-Will Month, there is no better time to take the first step.
Whether you own a home, have children, care for elderly parents, or simply want a say in how your assets are distributed, creating a will is a foundational part of securing your future. This article will walk you through what happens if you die without a will in Florida, explain why Make-A-Will Month exists, and offer guidance on how to begin the estate planning process the right way.
Ready to Protect What Matters Most?
Don’t wait to secure your legacy. Create a Will Month is the perfect time to take action.
Schedule your free 15-minute consultation with our Florida estate planning team or call us at +1 904 906 8884.
Let’s make sure your wishes are clearly documented, and legally protected.
What Happens If You Die Without a Will in Florida?
When a Florida resident passes away without a valid will in place, their estate is considered “intestate.” This means the state’s laws—not your personal wishes—will determine how your property is distributed. While this process may seem straightforward on paper, it often creates confusion, delays, and even disputes among surviving family members.
Florida’s Intestacy Laws and What They Mean for Your Family
Florida’s intestate succession laws are set out in Chapter 732 of the Florida Statutes. These laws follow a strict order of inheritance depending on the surviving family members. For example, if you die with a spouse but no children from another relationship, your spouse generally receives the entire estate. However, if you have children from a prior marriage, your spouse may only receive half, with the rest going to your children.
The law does not account for stepchildren, unmarried partners, close friends, or charitable intentions unless you specifically include them in a will. Without proper planning, the people you care about most may receive nothing.
Who Inherits When There’s No Will?
Here is a simplified breakdown of Florida’s order of intestate succession:
- Spouse only (no children): Spouse receives everything.
- Spouse and children (only from current marriage): Spouse receives everything.
- Spouse and children from another relationship: Spouse receives half; children split the other half.
- Children only (no spouse): Children inherit everything equally.
- No spouse or children: Parents, then siblings, then nieces and nephews, and so on.
This structure does not always reflect your personal wishes. And if no relatives can be located, your assets may eventually escheat to the State of Florida.
Common Disputes That Arise Without a Valid Will
Without a will, families often face disputes about property division, guardianship of minor children, and who should serve as the personal representative of the estate. These issues can prolong probate, create permanent family rifts, and result in costly legal battles. Taking the time to create a legally valid will ensures your wishes are known, respected, and easier to carry out.
Why August, National Make-A-Will Month, is the Perfect Time to Plan Ahead
August is National Make-A-Will Month, a nationwide awareness campaign designed to encourage Americans to protect their loved ones by creating a will. It serves as a timely reminder that estate planning is not just a task for later in life. It is something that should be started as soon as possible and updated regularly.
The Purpose of National Make-A-Will Month
National Make-A-Will Month was created to promote public awareness about the importance of having a valid, up-to-date will. Many Americans either delay making a will or mistakenly believe they do not need one. According to recent surveys, more than 60 percent of adults in the United States do not have a will or any form of estate plan. This campaign highlights the emotional, legal, and financial benefits of preparing your estate documents now rather than leaving the burden to grieving loved ones later.
Benefits of Having a Will (Even If You’re Not Wealthy)
Many people assume that only those with significant assets need a will. That is not the case. If you have children, own a vehicle, hold a bank account, have retirement savings, or want to leave something to a specific person or organization, you need a will.
Some of the most important benefits of having a will include:
- Naming a guardian for your minor children or dependents.
- Designating who should manage your estate and carry out your wishes.
- Ensuring sentimental or valuable possessions go to the right people.
- Avoiding unnecessary delays and confusion during the probate process.
- Expressing your final wishes clearly and legally.
Creating a will can also help you address complex concerns like blended families, charitable giving, business succession, or caring for a loved one with special needs. These are personal, sensitive matters that should not be left to a court’s default rules.
How to Start the Estate Planning Process in Florida
Estate planning in Florida begins with an understanding of your assets, your goals, and the legal tools available to help you achieve them. A basic estate plan often includes the following documents:
- Last Will and Testament
- Durable Power of Attorney
- Health Care Surrogate Designation
- Living Will (Advance Directive)
- Revocable Trust (in certain cases)
If you are not sure where to begin, start by listing your major assets and considering who you would want to handle your affairs. Then, speak with an attorney who can guide you through your options and help create a customized plan tailored to your needs.
You can also read When Is the Right Time to Start Estate Planning? to learn more about key life stages that trigger the need for estate documents.
Ready to Create a Will? Let’s Talk
At The DeVries Law Firm, we make estate planning as simple and stress-free as possible. We help clients across Florida protect their assets and secure peace of mind for the people they love most.
August is the perfect time to get started. Call us at (904) 348-0030 or visit our Estate Planning Services page to schedule a consultation.
1. Is a handwritten will valid in Florida?
Generally, no. Florida does not recognize handwritten wills (also called holographic wills) unless they are properly signed, witnessed, and executed in accordance with state law. It is best to work with an attorney to ensure your will is legally enforceable.
2. Can I write my own will without a lawyer in Florida?
Yes, you can. However, Florida law has strict requirements for the validity of a will, including how it must be signed and witnessed. Mistakes in DIY wills can lead to probate delays or rejection. Having an attorney draft your will ensures it meets all legal requirements.
3. What happens to my house if I die without a will in Florida?
If you die without a will, your home will pass according to Florida’s intestate succession laws. Depending on your family structure, it may go to your spouse, children, or other relatives. This can become complicated if multiple heirs are involved or if the home is still under a mortgage.
4. How often should I update my will?
You should review your will every three to five years or whenever you experience a major life change, such as a marriage, divorce, birth of a child, or significant change in assets. Keeping your estate plan current ensures your wishes are always honored.
5. Can I disinherit a family member in Florida?
Yes, in many cases. However, Florida has protections for certain individuals, such as spouses and minor children. If you wish to disinherit someone, it is important to make that intention clear in your will and consult an attorney to ensure it is legally sound.
Take the First Step Toward Peace of Mind Today
Planning your estate does not have to be overwhelming. Starting with a simple will can help you take control of your legacy and spare your loved ones from unnecessary complications.
Ready to Protect What Matters Most?
Don’t wait to secure your legacy. Create a Will Month is the perfect time to take action.
Schedule your free 15-minute consultation with our Florida estate planning team or call us at +1 904 906 8884.
Let’s make sure your wishes are clearly documented, and legally protected.
For more insight on related issues, visit our articles on Buying a Home in Florida: 3 Contract Clauses That Could Cost You Thousands and Foreclosure Defense in Florida: How to Save Your Home.