Do You Need a Will? What Florida Law Says in 2027
Billy Rosario
ABA 360 Solutions Group, LLC
What Happens If You Die Without a Will in Florida
When a Florida resident dies without a will ("intestate"), the state's intestacy statutes decide who inherits — and the results often surprise families. If you're married with children who are also your spouse's children, your spouse inherits everything. But if you have children from a prior relationship, your spouse gets only half and your children split the other half. If you're unmarried, assets pass to children, then parents, then siblings — with no regard for what you would have wanted. A live-in partner of 20 years? They get nothing under Florida law.
Why Probate Is Slow and Expensive in Florida
Probate is the court-supervised process of validating a will, paying debts, and distributing assets. In Florida, formal probate takes 6 to 12 months on average — and sometimes years for contested estates. Attorney fees are set by statute: 3% of the first $1 million in assets, 2.5% of the next $4 million. For a $500,000 estate (a modest house plus savings), that's $15,000 in legal fees before your family sees a dime. And every filing is a public record, so anyone can see exactly what you owned and who received it.
Will vs. Living Trust: When Is a Will Enough?
A will is sufficient if your estate is relatively simple — a homestead property (which passes outside probate to a surviving spouse in Florida), a retirement account with named beneficiaries, and modest savings. A revocable living trust makes sense when you own non-homestead real estate, have assets over $75,000 subject to probate, want to avoid the public probate process, or need to plan for incapacity (a trust lets a successor trustee manage assets if you become unable to). For many Central Florida families, a combination of both provides the most protection.
Healthcare Directives and Power of Attorney
Beyond a will or trust, every adult Floridian should have a Durable Power of Attorney (who manages your finances if you can't), a Healthcare Surrogate Designation (who makes medical decisions if you're incapacitated), and a Living Will (your wishes regarding life-prolonging procedures). Without these documents, your family may need to go through an expensive and time-consuming guardianship proceeding in court just to pay your bills or make medical decisions. Billy connects families with trusted estate planning attorneys to get these documents in place. The consultation is free — and it could save your family months of stress and thousands of dollars.
Ready to Take the Next Step?
Billy offers free, no-obligation consultations for Central Florida families. Get personalized advice for your situation.