Do You Really Need a Will?

Plenty of Palm Beach residents assume a will is something to handle “later” — after the next snowbird season, after the condo sells, after retirement settles down. The trouble is that “later” often becomes “never,” and Florida law then writes the plan for you. This guide looks at the question through the lens of the mistakes we see most often, so you can decide whether you genuinely need a will.

Mistake #1: Assuming Florida Will Distribute the Way You Would

If you die without a will, Florida’s intestacy rules (Chapter 732, Florida Statutes) decide who inherits — not you. Those rules follow a fixed family hierarchy that may not match your wishes. A longtime partner you never married, a favorite niece, a charity, or a friend who cared for you gets nothing under intestacy. For blended families common in Palm Beach, the statutory split between a surviving spouse and children from a prior relationship surprises almost everyone.

Mistake #2: Thinking a Will Avoids Probate

A will does not skip probate; it directs it. In Florida, a will is the instrument the probate court follows during administration under Chapters 731-735. Whether your estate qualifies for streamlined summary administration or requires formal administration depends largely on its value and how long the person has been deceased — not on whether a will exists. If avoiding the courthouse entirely is your goal, a revocable living trust is the tool, but a will still plays a backup role.

Mistake #3: Naming No Guardian for Minor Children

For younger Palm Beach families, the most important line in a will often has nothing to do with money. A will lets you nominate a guardian for your minor children. Without that nomination, a judge chooses among competing relatives with no guidance from you. This single provision is reason enough for many parents to sign a will this year rather than next.

Mistake #4: Forgetting What a Will Cannot Control

A will only governs assets that pass through your probate estate. Accounts with named beneficiaries — life insurance, IRAs, payable-on-death bank accounts — and jointly titled property pass outside the will. So does Florida homestead property, which carries special constitutional protections under Article X, Section 4 and descends under its own rules. We regularly meet Palm Beach families whose carefully drafted will was quietly overridden by an outdated beneficiary form. Coordinate the two.

Mistake #5: Treating a Will as Your Whole Plan

A will speaks only after death. It does nothing if you are incapacitated by a stroke or accident — a real concern for our largely retired community. To cover that gap you need a durable power of attorney (Chapter 709) and a health care designation. A will paired with those documents is a far more complete plan than a will standing alone.

So, Do You Need One?

If you have minor children, own property in Palm Beach County, want to leave anything to someone outside the default family line, or simply want to name who handles your affairs, the answer is almost certainly yes. To be valid in Florida, a will must meet the execution formalities of section 732.502 — signed at the end and witnessed by two people, ideally with a self-proving affidavit so witnesses need not be tracked down years later.

One reassurance unique to Florida: there is no state estate tax or inheritance tax, so your will is about control and clarity, not dodging a state death tax.

This article is general information, not legal advice. Florida’s will and homestead rules are technical and fact-specific. Before relying on any document, consult a licensed Florida estate planning attorney who can review your situation.