do you need a will? are your loved ones protected if something were to happen to you?

The last will and testament. your instructions for when you're gone so you can ensure your wishes are carried out.

Wills are a wise investment in the State of Florida. Should you or a loved one die without a will in Florida, your estate will pass to your spouse and/or your children in some manner, depending on the exact details. However, your assets will be subject to creditors, taxes and will likely be significantly depleted by the time they reach your intended beneficiaries. 

Instead, you could hire Fort Lauderdale wills, trusts and estate planning lawyer, Eliot Dempsey. Founder of The Dempsey Law Firm, Eliot Dempsey is proud to provide legal advice and counseling to his clients throughout Broward County, Palm Beach County and Miami-Dade County. 

Florida laws governing wills are primarily set out in the Florida Probate Code, found in Chapters 731 through 735 of the Florida Statutes. These laws control how wills are created, executed, interpreted, and enforced after a person’s death. To be valid in Florida, a will must be made by a testator who is at least 18 years old (or an emancipated minor) and of sound mind, and it must be in writing, signed by the testator (or by someone else at the testator’s direction and in their presence), and witnessed by two people who sign in the presence of the testator and each other. Florida generally does not recognize handwritten (holographic) wills or oral (nuncupative) wills unless they were validly executed in another state and meet specific legal requirements.

Florida law provides rules for probate administration and distribution of assets under a will. After death, the will is submitted to the probate court, which oversees the appointment of a personal representative (executor) to gather assets, pay debts and taxes, and distribute property according to the will’s terms. The Probate Code sets timelines for creditor claims, notice requirements to beneficiaries and heirs, and court supervision of the personal representative’s actions. If a person dies without a valid will, Florida’s intestacy laws determine how the estate is distributed, usually prioritizing spouses and close relatives.

The law also protects certain family and spousal rights, even when a will states otherwise. For example, a surviving spouse may be entitled to an elective share of the estate, homestead protections, and family allowance, and minor children may have statutory protections that limit how property can be devised. Wills may be contested on grounds such as lack of capacity, undue influence, fraud, or improper execution, and Florida courts provide procedures for resolving these disputes. Overall, Florida’s will laws are designed to ensure a person’s testamentary wishes are carried out while safeguarding family members, creditors, and the integrity of the probate process.