Stewart Law
Estate PlanningApril 2026

Why Every Florida Adult Needs a Will — Even If You Think You Don't

By Blake Stewart, Esq. · Stewart Law, Melbourne FL

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One of the most common things we hear from new estate planning clients is some version of: "I don't really have enough to need a will." It's an understandable assumption — but it's wrong, and it can have serious consequences for the people you love.

A will isn't just about distributing wealth. It's about making decisions for your family before those decisions are made for you — by a court, by state law, or by circumstances no one planned for.

What Happens If You Die Without a Will in Florida?

If you die without a will — what lawyers call dying "intestate" — Florida's intestacy laws determine what happens to your assets. The state follows a fixed formula that may have nothing to do with your actual wishes.

For example: if you're married with children from a prior relationship, your spouse and children may split your estate in ways you never intended. If you're unmarried with a long-term partner, that partner receives nothing — regardless of how long you've been together. If you have minor children, a court will appoint a guardian without any input from you.

A Will Lets You Make the Decisions That Matter

With a properly drafted will, you decide who inherits your assets, who serves as personal representative (executor) of your estate, and — critically — who raises your minor children if something happens to you. These are not decisions you want left to chance or to a judge who doesn't know your family.

A will also simplifies the probate process for your loved ones. While a will does go through probate in Florida, having one in place makes the process significantly more straightforward than dying intestate.

When Should You Update Your Will?

A will isn't a one-and-done document. You should review and potentially update it after major life events: marriage, divorce, the birth of a child, the death of a beneficiary, a significant change in assets, or a move to a new state. Florida has specific execution requirements for wills — two witnesses and a notary — so updates need to be done properly to be valid.

If you don't have a will, or if yours hasn't been reviewed in several years, we'd encourage you to schedule a consultation. It's one of the most straightforward and important things you can do for your family.

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Have Questions About Your Situation?

This article is for general information only and does not constitute legal advice. For guidance specific to your circumstances, schedule a consultation with Blake Stewart.

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