Simple Will in Florida: What You Need to Know

Roughly 60 percent of American adults do not have a will. The reasons vary: some believe they are too young, others think they do not own enough to justify one, and many simply never get around to it. In Florida, dying without a will means the state decides who inherits your assets. The result often surprises surviving family members, and not in a good way.

What Happens If You Die Without a Will in Florida

Florida Statute 732 governs intestate succession (the legal term for dying without a valid will). The statute creates a rigid hierarchy that determines who receives your property. You do not get a say. The court does not consider your wishes, your relationships, or your intentions. The formula applies automatically.

If you are married and all of your children are also your surviving spouse's children, your spouse receives everything. That sounds reasonable until you consider the second scenario: if you have children from a prior relationship, your surviving spouse receives only half of the estate. Your children from the prior relationship split the other half.

Blended families face the harshest consequences. A father with two children from a first marriage and a current wife may assume his wife will inherit his home, bank accounts, and investments. Under Florida intestacy, she receives half. The other half goes to children who may be minors, which triggers a court-supervised guardianship over their inheritance. The surviving spouse cannot access those funds to pay the mortgage, cover household expenses, or maintain the family's standard of living.

What a Simple Will Does

A simple will is a legal document that directs who receives your property when you die. It names a personal representative (the person responsible for administering your estate), designates beneficiaries for your assets, and can name a guardian for minor children. It replaces the intestacy statute with your own instructions.

For most adults with straightforward financial situations (a home, bank accounts, retirement accounts, personal property, and no complex business interests), a simple will is the correct starting point. It covers the core question: who gets what.

Florida law imposes specific requirements for a valid will. The testator (the person making the will) must be at least 18 years old and of sound mind. The will must be in writing, signed by the testator in the presence of two witnesses, and the witnesses must sign in the presence of the testator and each other. Notarization is not required for validity, but a self-proving affidavit (signed by the testator, witnesses, and a notary) eliminates the need for witnesses to testify during probate.

What a Simple Will Does Not Cover

A simple will has limits. Understanding them prevents false confidence.

A will does not avoid probate. In Florida, any estate with assets exceeding $75,000 (excluding exempt property) goes through probate regardless of whether a will exists. The will directs the probate court on how to distribute assets, but the court process itself still occurs. Avoiding probate requires different tools: revocable living trusts, beneficiary designations on financial accounts, and transfer-on-death deeds for real property.

A will does not control assets with named beneficiaries. Life insurance policies, retirement accounts (401k, IRA), payable-on-death bank accounts, and jointly held property with rights of survivorship all pass outside the will. If your will says your daughter inherits your IRA but the IRA beneficiary form names your ex-spouse, your ex-spouse receives the IRA. The beneficiary designation controls.

A will does not address incapacity. If you become unable to manage your finances or make medical decisions, a will provides no authority for anyone to act on your behalf. That requires a durable power of attorney and a health care surrogate designation (separate documents that operate during your lifetime, not after death).

Who Needs a Simple Will

The short answer: every adult over 18 who lives in or owns property in Florida. The longer answer depends on your situation, but certain categories face the most urgency.

Parents of minor children need a will to name a guardian. Without one, the court appoints a guardian based on statutory priority, which may not reflect your preference. If both parents die in a common accident and neither has a will, the court decides who raises your children.

Adults in blended families need a will to override the intestacy split that may leave a surviving spouse with only half the estate. Unmarried partners need a will because Florida intestacy provides zero inheritance rights to non-spouses. Single adults with specific wishes (leaving assets to siblings, nieces, nephews, friends, or charities) need a will because the intestacy statute follows a bloodline hierarchy that may not match their intentions.

The SnapTestament Process

SnapTestament is our flat-fee simple will service. The process works in three steps. First, you complete an online intake form that captures your family structure, assets, beneficiaries, and guardian preferences (for minor children). Second, a Florida-licensed attorney reviews your information, drafts the will, and prepares the self-proving affidavit. Third, you receive the completed documents with signing instructions.

Turnaround is 72 hours from intake completion. The fee is $199 for an individual will or $349 for a couple (two wills drafted together with coordinated provisions). Both options include the self-proving affidavit and detailed signing instructions.

A simple will is not the right tool for every situation. If you own a business, hold assets in multiple states, have a taxable estate (over $13.61 million in 2024 for federal purposes), or want to avoid probate entirely, you need a more comprehensive estate plan. SnapTestament is designed for adults with straightforward situations who need the foundational document that protects their family and their wishes.