There are two situations where it is necessary to have a Will in Florida. First situation is when you have minor kids and the second situation is when you have assets in your name.
When you have minor kids the Florida Will is the place where you want to designate any guardian for your minor kids in the unfortunate event that both parents were to pass away or if one of the parents is not physically and mentally capable of having custody of the minor child.
Although a court in Florida is not obligated to appoint the person that you nominate, so long as the person is qualified to serve as a guardian, most judges in Florida will appoint the person you nominate under your Will in Florida. Absent this designation, a judge will appoint someone who he or she believes serves the best interest of the child.
The second situation is when you have assets titled under your name. Some assets in Florida do not pass through the Florida Will, but by operation of law. These include assets that have a proper beneficiary designation, for example bank accounts, IRA’s, and rights of survivorship property. However, it is often the case that one of the beneficiaries under the account predeceases you and you never get around to updating it or you never added a beneficiary in the first place.
Absent a beneficiary designation or a Florida Will, Florida’s Intestacy Statute will dictate who are the rightful heirs of your property.