If you don’t create your own estate plan, Florida already has one for you. But relying on that plan is a lot like asking one estate planning attorney to prepare a single plan that will work for all 23 million Floridians. It’s not designed for your specific needs—it’s designed for the average situation. And you probably don’t want to be treated as average when it comes to your family, your property, and your health care.
A complete estate plan lets you decide how things are handled. Florida’s statutory alternatives take that control away. Below, we’ll walk through what a comprehensive estate plan includes and what happens if you leave it to the state.
Trust vs. Intestate Probate
A revocable living trust allows you to manage and distribute your assets without the need for court intervention. It can avoid probate entirely and offer privacy, speed, and control over how and when your beneficiaries receive their inheritance.
If you don’t have a trust (or even a will), your estate goes through intestate probate. That means the Florida probate court uses the state’s laws to decide who inherits your property. Your spouse and children (or other blood relatives) will receive shares of your estate based on a legal formula—not based on your wishes.
Will vs. No Will
Even if you have a trust, you still need a will—specifically a "pour-over will" to catch any assets not titled in your trust. A will also allows you to name a personal representative to handle your estate and nominate guardians for your minor children.
If you die without a will, the court chooses your personal representative and decides who gets what under Florida’s intestacy laws. And if you have minor children and haven’t nominated guardians, the court will make that decision too.
Durable Power of Attorney vs. Guardianship of Property
A durable power of attorney lets someone you trust manage your finances if you become incapacitated. It’s a private, flexible way to handle incapacity without court involvement.
If you become incapacitated without a durable power of attorney, your loved ones may need to go through a guardianship of the property proceeding—asking a judge to appoint someone to manage your financial affairs. This process is costly, slow, and puts your financial life under ongoing court supervision.
Health Care Surrogate & Living Will vs. Guardianship of the Person
A health care surrogate designation allows you to name someone to make medical decisions on your behalf if you cannot do so. A living will gives guidance about your wishes for end-of-life care.
If you don’t have these documents, Florida law allows a “proxy” to make decisions for you—usually starting with a spouse, then adult children, parents, and so on. But if family members disagree, or if no appropriate proxy is available, a guardianship of the person may be necessary. That means a court proceeding where a judge decides who will make your medical decisions.
Pre-Need Guardian Designation vs. Uncertain Guardianship
A pre-need guardian designation tells the court who you want to serve as your guardian if one is ever needed. This helps avoid family disputes and gives the court a clear direction.
Without it, the court will decide who serves as your guardian, and that person may not be someone you would have chosen.
Your Estate Plan Should Be As Unique As You Are
Leaving things up to the state means accepting a one-size-fits-all solution. That might work for socks—not for your legacy. A custom estate plan ensures that:
- The people you trust are in charge
- Your property goes where you want it to
- Your wishes are followed during incapacity
- Your family avoids unnecessary legal battles and expenses
If you’re ready to create a plan tailored to your life—not Florida’s default—contact Bart Scovill, PLC. We’re here to help you take control of your future. https://scovills.com/?p=2552
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