Do I Need a Will?

A will is a legal document that is signed by the decedent and two witnesses according to Florida law. In the will, the decedent names the beneficiaries who are to receive the decedent’s probate assets. In essence, the will is a letter to the Court advising the judge on how the decedent wants his or her estate to pass. A personal representative or executor will be designated to administer the probate estate. This type of estate is called a “testate” estate.

The terms of a will generally supersedes Florida law. If the will fails in some way, or the decedent did not have a valid will, the person who will be named as personal representative, and the persons selected to receive the decedent’s probate assets will be decided by Florida law. An estate without a will is considered an “intestate” estate.