Do You Need a Will in Florida? What Every Broward County Resident Should Know
Most people in Broward County know they should have a Will — but far too many put it off, assuming it’s complicated, expensive, or something they’ll get to “someday.” The truth is, creating a Will is one of the most important and straightforward legal steps you can take to protect your family.
If you die without one in Florida, the state decides what happens to everything you own. As a Wills attorney serving Fort Lauderdale, Pompano Beach, Hollywood, and all of Broward County, Nemia L. Schulte has seen firsthand what happens to families left without a plan — and it’s entirely preventable.
What Happens If You Die Without a Will in Florida?
When a Florida resident dies without a Will, they are said to have died “intestate.” This means Florida’s intestate succession laws — not your wishes — determine who inherits your assets. For many families in Broward County, the results are unexpected and painful.
Under Florida law, if you die without a Will and are married with children, your assets may be divided between your spouse and children in ways you never intended. If you are unmarried, your assets pass to your closest living relatives — whether you have a relationship with them or not. If no relatives can be found, your estate may pass entirely to the state of Florida.
Beyond inheritance, dying without a Will in Florida also means you have no say in who is appointed to manage your estate, who would care for your minor children, or how specific personal items are distributed. These decisions fall to the court — not your family.
Who Needs a Will in Florida Broward County?
The short answer: anyone over 18 with assets, dependents, or specific wishes about their property. You do not need to be wealthy to benefit from a Will. Common situations that make a Will essential include:
Parents of minor children — A Will allows you to name a legal guardian for your children. Without one, a judge makes this decision. Homeowners — A Will ensures your home passes to who you intend, avoiding unnecessary legal complications for your heirs. Unmarried couples — Florida law does not automatically recognize an unmarried partner as an heir.
Without a Will, your partner may receive nothing. Business owners — A Will can include instructions for business succession and protect what you have built. Anyone with specific wishes — Sentimental items, charitable gifts, or unequal distributions among family members all require a written Will to be honored.
What Can a Florida Will Include?
A properly drafted Will in Florida allows you to designate who receives your property — including real estate, bank accounts, investments, vehicles, and personal belongings. It allows you to name a Personal Representative (executor) to manage your estate through the probate process, name a guardian for minor children, establish a testamentary trust to protect assets for minor or special-needs beneficiaries, and make charitable gifts.
Florida law requires that a Will be signed in the presence of two witnesses and a notary to be legally valid. While online Will templates exist, they frequently fail to meet Florida’s specific requirements and can result in the Will being invalidated — leaving your family in exactly the situation you were trying to avoid.
How a Broward County Wills Attorney Can Help
Working with an attorney to draft your Will ensures it is legally valid, clearly written, and reflects your actual wishes. Attorney Nemia L. Schulte works with individuals and families throughout Broward County — from Fort Lauderdale and Pompano Beach to Hollywood, Coral Springs, and Pembroke Pines — to create Wills that are simple, affordable, and built to stand up when your family needs them most.
We offer free consultations, plain-language explanations, and a process that takes the stress out of estate planning. A Will is not a document about death — it is a document about love, responsibility, and making things easier for the people you care about.
Ready to Get Started? Contact Nemia L. Schulte Today.
Do not wait until “someday.” Protecting your family starts with a single conversation. Call our Broward County office today to schedule your free Will consultation. We serve Fort Lauderdale, Pompano Beach, Hollywood, Coral Springs, Pembroke Pines, Deerfield Beach, and all surrounding Broward County communities. Visit schulteattorney.com or call to speak with Attorney Nemia L. Schulte directly.