James, a 40-year-old single professional in West Palm Beach, figured he didn’t need a will. “I don’t have much, and everything will just go to my parents,” he said. He was mostly right — and mostly wrong. Whether you need a will depends less on how much you own and more on who you’d leave behind and how your assets are titled.
What Happens Without One
If you die without a will in Florida, the state’s intestacy statutes (Ch. 732) decide who inherits. For James, that may indeed be his parents. But intestacy gives you zero control over who manages the estate, who raises any children, and how assets divide among in-laws or blended families. The default may not match your wishes at all.
When You Almost Certainly Need a Will
- You have minor children. A will is where you nominate a guardian. Without it, a Palm Beach County judge picks among relatives with no input from you.
- You have a blended family. Florida intestacy can shortchange stepchildren entirely and split assets between a current spouse and children from a prior relationship in ways you might never intend.
- You want to leave something to a friend, partner, or charity. Intestacy only recognizes legal relatives. An unmarried partner of 20 years inherits nothing without a will.
- You own a business or a Palm Beach property with complications. Clear direction prevents disputes.
When a Will May Matter Less Than You Think
Here is the twist many Palm Beach residents miss: a surprising amount of wealth passes outside a will. Retirement accounts, life insurance, and “payable on death” bank accounts go to your named beneficiaries no matter what your will says. Jointly held homes with rights of survivorship pass to the co-owner automatically. If your assets are already structured this way, your will may govern very little.
That is why naming and updating beneficiaries is sometimes more urgent than drafting a will — an outdated beneficiary form pointing to an ex-spouse overrides any will.
The Florida Homestead Wrinkle
Your primary residence in Palm Beach carries special constitutional protection (Art. X, §4). If you have a spouse or minor child, Florida law dictates how your homestead descends, and a will cannot override those protections. So even a careful will doesn’t give you full freedom over your home — another reason to plan with Florida-specific advice rather than a generic template.
A Will Is Only Part of a Plan
A will does nothing while you’re alive. If James were hospitalized and unable to make decisions, his will wouldn’t help at all. That’s the job of a durable power of attorney (Ch. 709) and a health care surrogate. For most Palm Beach adults, the real answer to “do I need a will?” is “yes — plus a few documents that work while you’re still here.”
No State Death Tax — But Don’t Skip Planning
Florida has no state estate or inheritance tax, which makes the state attractive for retirees. But no tax doesn’t mean no planning. Probate delays, family conflict, and guardianship of minors are problems a will solves regardless of taxes.
Consult a Florida Attorney
If you live in Palm Beach and aren’t sure whether a will fits your situation, a short consultation with a licensed Florida estate planning attorney can map exactly which documents you need — and which assets your will won’t touch.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles .
