Last Will and Testament

 • Last Will and Testament – We recommend that every Florida resident make a Last Will and Testament. Your Last Will and Testament will serve as your written direction for the distribution of your assets upon your death.  Having a Last Will and Testament does not mean that you will have a "probate" upon your death. The title to your assets at the time of your death is what determines whether or not your assets must be probated.  If you leave assets that require probate, your Last Will and Testament directs how the probate will be handled. 

What Happens to the Assets of Someone Who Dies Without a Will?

Do their assets pass to the State of Florida?

Florida law provides for who will inherit your assets at the time of your death in the absence of a Last Will and Testament.  This law is called the law of Intestate Succession.  This law may pass your assets to persons whom you would not want to inherit from your estate, and could result in assets passing to minor children, requiring the appointment of a legal guardian to manage their assets until age 18. 

No, your assets would not pass to the State of Florida, but they may pass to persons you would prefer not receive your assets.

If you would prefer not to have your assets distributed by Florida's intestate succession law, you should have a will drafted by an experienced Florida lawyer. Within your Last Will and Testament, you will name the persons that you want to receive your assets, select the person to handle your estate - your Personal Representative (executor), and provide for contingencies in the event that any of your named beneficiaries should die before you.