You’ve done something most people haven’t: you’ve created a will. That’s an important first step, and it’s more than most Florida adults have in place. But if you think a will is all you need to protect your family, there’s a gap in your estate plan that’s worth understanding.
A will is a powerful document, but it has real limitations. Knowing what a will can and can’t do is the difference between a plan that truly protects your family and one that leaves them with unnecessary work, expense, and uncertainty.
What a Will Actually Does
A last will and testament is a legal document that expresses your wishes for what happens after you die. A properly drafted Florida will can:
- Name who inherits your assets
- Designate a personal representative to carry out your instructions
- Appoint a guardian for your minor children
- Specify your funeral and burial wishes
These are meaningful, important functions. Every Florida adult should have a will. But a will operates within a specific legal framework, and that framework has limits that catch many families off guard.
What a Will Cannot Do
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A will does not avoid probate.
This is the most common misconception in estate planning. A will does not allow your estate to bypass the Florida probate process; it actually triggers it. Probate is the court-supervised process of validating your will, settling debts, and transferring assets to your heirs. It is a matter of public record; it takes time (often six months to a year or more) and costs money, including court and attorney fees paid from your estate before your family sees a dollar.
If avoiding probate is a priority, a revocable living trust is the most effective tool, not a will.
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A will has no power during your lifetime.
If you become incapacitated due to illness, injury, or cognitive decline, your will is irrelevant. It only takes effect at death. To protect yourself and your family during incapacity, you need separate documents: a durable power of attorney to manage your finances, and a healthcare surrogate designation to make medical decisions on your behalf. Without these, your family may have to go to court to get the authority to help you.
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A will cannot control assets that pass outside of probate.
Certain assets transfer automatically at death regardless of what your will says. These include:
- Life insurance policies with named beneficiaries
- Retirement accounts (IRAs, 401(k)s) with named beneficiaries
- Bank accounts with payable-on-death (POD) designations
- Property held in joint tenancy with right of survivorship
If these beneficiary designations are outdated or conflict with your will, your will loses. Learn more about which assets are exempt from probate in Florida and how they interact with your estate plan.
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A will becomes public record.
Once your will is submitted to the probate court, it becomes a public document. Anyone can access it. If privacy matters to you, or if you have a blended family, business interests, or significant assets, a trust-based plan keeps your affairs confidential.
What a Complete Florida Estate Plan Looks Like
A will is one piece of a complete estate plan, not the whole thing. For most Florida families, a comprehensive plan includes:
- Last Will and Testament — directs the distribution of probate assets and names a guardian for minor children
- Revocable Living Trust — avoids probate, provides privacy, and allows seamless management of assets if you become incapacitated
- Durable Power of Attorney — authorizes someone you trust to manage your finances if you cannot
- Healthcare Surrogate Designation — names someone to make medical decisions on your behalf
- Living Will — documents your wishes for end-of-life medical care
Together, these five essential estate planning documents create a plan that protects you during your lifetime and your family after you’re gone.
The Real Cost of Relying on a Will Alone
When a Florida estate goes through probate, the costs add up quickly. Florida law sets statutory attorney fees based on a percentage of the gross estate value, meaning even modest estates can face thousands of dollars in fees before heirs receive anything. Add in court costs, delays, and the emotional burden on your family during an already difficult time, and the case for a more complete plan becomes clear.
The cost of proper estate planning is almost always far less than the cost of not having one. Learn more about how much estate planning costs in Florida and what factors affect the investment.
Is Your Current Plan Enough?
If you have a will but haven’t reviewed it recently, or if it’s the only document in your estate plan, it’s worth a conversation with an experienced Florida estate planning attorney. Life changes, such as marriages, divorces, births, deaths, and major financial changes, can affect whether your plan still serves your purposes.
At SJF Law Group, every estate planning client receives complimentary annual reviews to ensure their plan stays current. We also stand behind our work with a 100% money-back guarantee because we believe your family deserves a plan that actually works.
Ready to Build a Complete Estate Plan?
Call SJF Law Group at (954) 580-3690 or use our online contact form to schedule your complimentary 30-minute consultation. We’ll help you understand exactly what your family needs, and make sure your plan is built to work when it matters most.
