Additionally the will designates who will manage his estate (in Florida known as the Personal Representative) and can include other provisions such as how a trustee under a trust created pursuant to the will should manage the trust’s property, who should be appointed guardian over any minor children and even may contain wishes concerning funeral arrangements. If a person dies intestate in Florida without having prepared a will (intestate) Florida Statute 732.102 will determine the manner and persons to whom the individual’s property is distributed.

This may or may not be consistent with how you would have devised your property had you left a properly executed will. People often ask whether a will is absolutely necessary. Why did they take the time and expense to create a trust if they still need a will. There are so many collateral issues depending on the type of property involved and the identity of the heirs, whether homestead property is involved, etc., who are the intended devisees, title of property, that it is impossible to provide a simple answer. Generally speaking, it is best to always have a will as a back-up, even if you have other documents, such as a revocable trust, and even if all of your assets are jointly owned or have beneficiary designations.

Often times there is property that has been overlooked, or that is acquired after death, and a will can provide for the distribution of these assets to the people whom you would want to receive it. If you die without a will, there is an intestacy statute which will control the distribution of your property in a manner which you may not desire or have foreseen. There are specific requirements for a will to be valid, and it is always best to have an attorney draft the will so that the proper provisions are included which will ensure your property is properly distributed to your loved ones and that your estate is administered in an efficient manner and if you are not an attorney, it is very possible that you will not understand how these laws will affect the distribution scheme you intended.