“Do I really need a will?” is one of the most common questions Boca Raton residents ask, and the honest answer is: it depends on what would happen without one. The best way to decide is to compare three scenarios side by side.
Scenario 1: No Will (Florida Intestacy)
If you die without a will, Florida’s intestacy statutes (Chapter 732) decide who inherits, not you. The state’s default rules send your assets to your spouse and descendants in fixed shares. If you are married with children from a prior relationship, your spouse may receive only half, which surprises many blended Boca families. Unmarried partners, stepchildren, and favorite charities receive nothing under intestacy. Your estate still goes through probate, and the court, not you, appoints who administers it.
Scenario 2: A Will
A will lets you override those defaults: you choose who inherits, name a personal representative, and nominate guardians for minor children, something only a will can do in Florida. A will does not avoid probate; assets passing under it still go through summary or formal administration. But it gives you control over the outcome and a clear roadmap that reduces family conflict.
Scenario 3: A Trust-Centered Plan
A funded revocable living trust under Chapter 736 can pass assets without probate at all, keep matters private, and manage property for beneficiaries over time. Many Boca Raton residents with real estate here and elsewhere prefer this. But a trust is more work to set up and fund, and you still want a “pour-over” will as a backstop and to name guardians.
When You Almost Certainly Need a Will
You should have a will if any of these apply: you have minor children, you are in a blended family, you want to leave something to someone Florida’s intestacy rules would skip (a partner, friend, or charity), or you simply want to choose your personal representative. The Florida elective share (section 732.2065) and homestead rules in Article X, Section 4 still apply, so a will works within those guardrails rather than around them.
When a Will Alone May Be Enough
If your assets are modest and mostly pass by beneficiary designation or joint ownership, and you have no minor children, a simple will plus updated beneficiaries may cover you. Remember, too, that Florida has no state estate or inheritance tax, so for most residents the goal is control and probate efficiency, not dodging a death tax.
The Documents Most People Also Need
Whatever you decide about a will, pair it with a durable power of attorney (Chapter 709) and a health care surrogate designation so someone can act for you if you become incapacitated. These matter regardless of the size of your estate.
Get a Florida Attorney’s Read
Whether you need a will, a trust, or both depends on your family and your Boca Raton assets. A licensed Florida estate planning attorney can run your situation against Florida’s intestacy and homestead rules and tell you exactly what is worth putting in place.
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For more on our Florida practice, see our overview of Florida estate planning. Morgan Legal Group's affiliated New York office also handles .
