Last Will & Testament in Florida

A Last Will & Testament—commonly called a will—is the cornerstone of many estate plans. It is a written document that directs how your assets should be distributed after your death and can include important provisions for the care of minor children.

While a will alone does not avoid probate in Florida, it ensures your wishes are clear and legally enforceable.

What a Will Can Do in Florida

• Direct the distribution of your property after death.
• Name a personal representative (executor) to administer your estate.
• Nominate a guardian for your minor children.
• Create testamentary trusts for children, grandchildren, or other beneficiaries.
• Include specific instructions for unique assets, charitable gifts, or personal items.

Testamentary Trusts

A testamentary trust is a trust created within your will that takes effect after your death. It can:

• Provide for minor children until they reach the age you choose.
• Manage inheritances for beneficiaries who are not ready to receive assets outright.
• Protect beneficiaries with special needs or financial vulnerabilities.

Guardians for Minor Children

Your will is where you nominate a guardian to care for your children if both parents are deceased. While the court makes the final appointment, your nomination carries strong weight and can prevent disputes among family members.

Special Pour-Over Will Provision for Minor Children
When you have a revocable living trust, we often prepare a pour-over will—a will that transfers any assets outside the trust into the trust at your death.

• If you have minor children and own homestead property, we include a provision requesting that any guardian for your children seek to place the homestead—or its sale proceeds—into your trust.
• This helps ensure the property is managed consistently with your overall estate plan and provides better protection for your children’s long-term needs.

Limitations of a Will

• A will must go through probate to be effective.
• It does not avoid court oversight for assets left to minors.
• It does not govern assets with designated beneficiaries (like life insurance or certain accounts) unless those beneficiaries are the estate or trust.