Florida estate planning carries several persistent myths: that a will lets you skip probate, that the state seizes your estate if you die without one, that your power of attorney handles probate for you, and that creditors can force the sale of your homestead. Each of these is inaccurate or incomplete under actual Florida law.
Knowing what Florida law actually says helps you plan realistically instead of around a misconception. FastWill's will package is built around Florida's specific probate and homestead rules.
Myth: All Assets Go Through Probate
Some assets never pass through Florida probate regardless of whether you have a will. Property held in a fully funded trust, retirement accounts and life insurance with a named beneficiary, payable-on-death and transfer-on-death accounts, and property owned jointly with the right of survivorship all pass outside the probate process.
Myth: A Will Lets You Avoid Probate
A will does not bypass probate in Florida; it is submitted to probate so the court can confirm it is valid and properly executed. What a will does is give the court and your personal representative clear instructions to follow, and having your will notarized as self-proving speeds up that process, since your witnesses will not need to appear in court.
Myth: Florida Takes Your Estate If You Have No Will
The state only takes an estate in the rare situation where a person dies intestate and no living relatives can be found at all. In nearly every other case, the probate court searches for and locates relatives under Florida's intestate succession rules before considering the estate unclaimed.
Myth: Your Power of Attorney Handles Probate
A power of attorney only lets someone act for you while you are alive; that authority ends the moment you die. Under Florida law, it is the personal representative named in your will, sometimes called an executor, who is responsible for administering your estate through probate. Under Florida Statute section 733.302, any competent Florida resident can generally serve, and section 733.303 disqualifies anyone under 18, convicted of a felony, or unable to perform the role due to a mental or physical condition.
Myth: A Handwritten Will Is Valid in Florida
Many people assume that a will in their own handwriting is good enough as long as it clearly states their wishes. Under Florida Statute section 732.502, an unwitnessed handwritten will, sometimes called a holographic will, is never valid in Florida, even if it was validly executed in another state under that state's own rules. A handwritten document only counts as a valid Florida will if it is signed by the testator and witnessed by two people in the same way any other Florida will has to be. See our full explanation in beware of the handwritten will for why this trips up so many families.
Myth: You Can Leave Your Florida Homestead to Anyone You Choose
A Florida will does not fully control who inherits your primary residence if you are survived by a spouse or minor children. Under Florida Statute section 732.4015, homestead property generally cannot be devised away from a surviving spouse if you have no minor children, and it cannot be devised away from either a surviving spouse or minor children if you have them, regardless of what the will says. Imagine a Florida homeowner who remarries and signs a will leaving the house to an adult child from a first marriage while a minor child from the second marriage is still living at home. That devise is void, and the homestead passes instead under Florida's forced heirship rules for homestead property, typically a life estate to the surviving spouse with the remainder to the descendants.
Myth: Creditors Can Force the Sale of Your Florida Home
Florida's homestead protections generally shield your primary residence from being sold to satisfy most creditors, even after your death. Under Florida Statute section 732.401, if you are survived by a spouse and descendants and did not properly devise your homestead, your spouse generally takes a life estate with a remainder interest passing to your descendants, rather than the property being available to creditors. Review the full picture in our Florida DIY will guide, which covers homestead rules in more detail.
Frequently Asked Questions
Does having a will mean my estate skips probate in Florida?
No. Nearly all wills still go through Florida probate so the court can confirm the will's validity, though a self-proving will can make that process faster.
Who can serve as personal representative in Florida?
Generally any competent Florida resident, though Florida Statute 733.303 disqualifies anyone under 18, convicted of a felony, or unable to perform the duties due to a mental or physical condition.
Can Florida take my estate if I die without a will?
Only in rare cases where no living relatives can be located at all. Otherwise, the probate court applies Florida's intestate succession rules to locate and distribute assets to relatives.
Does my power of attorney manage my estate after I die?
No. A power of attorney's authority ends at death. Your personal representative, named in your will, handles the estate through probate instead.
Can a creditor force the sale of my homestead in Florida?
Generally not for most unsecured debts. Florida's homestead protections limit forced sales, and if you are survived by a spouse or descendants, specific succession rules apply to the property instead.
Is a handwritten will ever valid in Florida?
Only if it is signed by the testator and properly witnessed by two people, the same as any other Florida will. An unwitnessed handwritten will is never valid here under Florida Statute 732.502, even one that would hold up in another state.
Can I leave my homestead to someone other than my spouse or minor children?
Generally not if you have a surviving spouse or minor children. Florida Statute 732.4015 restricts devising the homestead away from them, and an attempted devise that violates the restriction is void.
Plan Around the Real Rules
These myths lead to real planning mistakes, from assuming a will avoids probate to misjudging who actually manages your estate. Build a will with FastWill based on Florida's actual requirements.
