In Florida, a Testamentary Will is a legal document which takes effect after your death. It is commonly known as a Last Will and Testament or a Last Will. This document represents the final word a person has concerning  what happens to your assets, your remains and to your minor children.

Some people who have no property or assets opt to not write a will. However, in Florida a Testamentary Will can be used to legally appoint a guardian for minor children and dispose of your remains. If a person fails to prepare a will addressing the distribution of property and assets, the cost of probate is significant more if a will is not presented to the Court.

A Florida Will can be used for the following:

• to designate an Personal Representative (the person who manages the probate process and the distribution of your estate).
• to leave specific bequests. This may be a sum of money or a specific item of property such as a ring or family heirloom;
• to ensure your assets pass to the appropriate persons in accordance with your wishes.
• to designate a guardian for minors;
• To ensure your pet is provided for by creating a pet trust.

Sometimes a Joint Will is  made by a husband and wife. It requires that property be distributed in a certain way regardless of who dies first. The surviving spouse cannot change his/her Last Will and Testament without risking a Will contest.

A Joint Will can be useful, especially where stepchildren are involved. Couples often leave the whole estate to each other (which can leave children disinherited if the surviving spouse remarries). Joint wills are used to avoid the surviving spouse being influenced by a new spouse to disinherit the children from the prior marriage.

Making a joint Florida Last Will is not recommended where large estates are involved. This can impact on the ability to reduce tax liability.

If you don’t have any descendants (children, grandchildren, great-grandchildren and so on) then your spouse receives your entire estate.

If you leave behind descendants and your spouse is the parent of all your children (or grandparent of all your grandchildren and so on) then your spouse receives the first $60,000 and half of the balance. Your children inherit the other half of the balance equally. If a child has died before you, then his/her children receive the child’s share equally.

If any child or grandchild is not your spouse’s, then your spouse receives one half of your estate. The other half is divided among your children and grandchildren as in the case above.

If you are not married or widowed and die without a Florida Will:

Your estate is divided equally among your children. If any of your children have predeceased (died before you), then that child’s children (your grandchildren) take the deceased child’s share equally. If a deceased child or grandchild did not leave behind any children, then his/her share is divided equally among your surviving children and descendants of other deceased children.

If you have no children, grandchildren or great-grandchildren who survive you, then your estate is divided equally between your parents or the survivor of them.

If no parent survives you, then your brothers and sisters (or their descendants if predeceased) inherit your estate.

If there are no surviving brothers, sisters or their descendants then your estate is divided into two halves. One half is inherited by your paternal grandparents or your paternal uncles and aunts or their descendants if you don’t have a paternal grandmother or paternal grandfather surviving. The other half is distributed to the maternal kindred in the same manner.

If all of the above does not apply, your property goes to the kindred of your last deceased spouse.

Finally, if there are no heirs, your property escheats to the state of Florida.