“I don’t have enough to need a will” is one of the most common things Palm Beach residents say, and one of the most expensive to believe. Whether you need a will is really a cost-benefit question: a modest, predictable cost now versus an unpredictable cost imposed on your family later. Here is how that math actually works in Florida.
What a Will Does That Nothing Else Will
A will lets you name who inherits, who manages your estate (the personal representative), and, critically, who raises your minor children. If you have young kids in Palm Beach County, the will is where you nominate a guardian. Without it, a judge decides among competing relatives with no instructions from you. No bank account or beneficiary form can do that job.
What Happens Without One
If you die without a will, Florida’s intestacy statutes (Ch. 732) decide who gets what, in a fixed order: spouse, children, parents, siblings, and outward. That formula often surprises people. A surviving spouse may share with children from a prior relationship, and an unmarried partner inherits nothing under intestacy no matter how long the relationship lasted. The state’s default may not match your wishes at all.
When You Might Not Strictly Need a Will
Some assets pass outside a will entirely. Retirement accounts, life insurance, and “payable on death” bank accounts go to whoever is named on the beneficiary form. Property held as joint tenants with right of survivorship or as tenancy by the entireties (common between Florida spouses) passes automatically to the survivor. If virtually everything you own is titled this way, your will may control very little. But beneficiary forms get outdated, accounts get opened without designations, and almost everyone owns something that falls through the cracks.
The Florida Homestead Wrinkle
Your Palm Beach home is a special case. Florida’s constitutional homestead protections (Art. X, §4) restrict how you can leave the property if you have a spouse or minor children, and they can override what your will says. This is exactly the kind of issue people miss with generic forms, and a reason a Florida-specific plan matters more here than in many other states.
The Cost Comparison
A straightforward will is a one-time, flat-fee expense. Dying without one is not free, it just shifts the cost. Intestate estates still go through Palm Beach County probate, sometimes formal administration, and family disagreements about who should serve or inherit drive up legal fees and time. The will is the cheaper, faster path almost every time.
Do You Need More Than a Will?
For many Palm Beach families a will plus a durable power of attorney (Ch. 709) and a health care surrogate is enough. Larger estates, blended families, or those wanting to skip probate may add a revocable living trust (Ch. 736). The right answer depends on what you own and how it is titled, not on a one-size template.
Talk to a Florida Attorney
One Florida bonus worth noting: there is no state estate or inheritance tax, so this is rarely a tax question. It is about control, speed, and your family. A licensed Florida estate planning attorney can tell you in one meeting whether a will alone covers you, or whether your Palm Beach situation calls for more.
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For more on our Florida practice, see our overview of estate planning in Boca Raton. Morgan Legal Group's affiliated New York office also handles .
