Last Updated: December, 2025

As a Florida parent, one of the most important steps you can take to secure your family’s future is creating a comprehensive estate plan. But if you have minor children, you may be wondering: Do I really need a will if I have kids? The answer is a resounding yes, and in this post, we’ll explain why it’s critical for your peace of mind and your children’s protection.

Key Takeaways
● This article provides general educational information under Florida law

● Estate and business planning decisions require individualized strategy

● Planning is about clarity and control — not just documents

● Legal guidance is provided through attorney-led strategy sessions

Why Do I Need a Will in Florida If I Have Minor Children?

A will is a legal document that outlines your wishes for the distribution of your assets after you pass away. But when you have young children, a will becomes even more important. Why?

Because it allows you to:

1. Designate a Guardian for Your Children

In Florida, if something were to happen to you and your partner, a will is the only way to ensure that someone you trust becomes the legal guardian of your minor children. Without this designation, Florida courts will decide who will care for them, which might not align with your wishes.

2. Determine Custody and Care Plans

Along with choosing a guardian, your will can specify any instructions regarding your children’s upbringing, such as education preferences, health care, or other specific needs. This provides clarity to your appointed guardian and ensures your children’s lifestyle aligns with your values.

3.Provide for Your Children’s Financial Future

A will also enables you to establish trusts or set aside funds for your children’s financial security. You can appoint a trusted person as the trustee to manage the funds until your children are old enough to inherit them. This is essential for ensuring your children have the resources they need, even if you’re no longer there to provide for them.

4. Ensure Your Wishes Are Legally Binding

Florida law requires that wills be properly drafted and executed to be valid. This means that, without a will, there is no guarantee that your wishes will be honored. A comprehensive estate plan that includes a will ensures your assets and your children’s future are protected.

What Happens if You Don’t Have a Will?

If you pass away without a will in Florida, your assets will be distributed according to Florida’s intestate succession laws. This means that a court will decide who receives your property, and it might not be in line with your preferences. More concerning, however, is that without a designated guardian in place, the court will choose who will care for your minor children—a stranger, or someone who might not be the best fit for their care.

What If I Have a Trust—Do I Still Need a Will?

Many parents also consider creating a revocable trust as part of their estate plan, but that doesn’t mean you can skip the will. While a trust helps you manage and distribute assets, it doesn’t handle guardianship or certain final wishes. A will ensures that everything is taken care of, including the appointment of a guardian for your children. It acts as a safety net, ensuring that all aspects of your estate plan are covered.

How to Set Up a Will in Florida: The Basics

1. Choose a Guardian for Your Minor Children

The first step is to select someone you trust to raise your children in the event of your passing. Be sure to speak with your chosen guardian to ensure they’re willing to take on this responsibility.

2. Appoint a Trustee

If you want to set up a trust for your children’s financial support, appoint a trustee who will be responsible for managing and distributing funds on their behalf.

3. Ensure Your Will Is Legally Valid

In Florida, your will must be signed in the presence of two witnesses and a notary public to be legally binding. It’s highly recommended to have an estate planning attorney help you draft and execute your will to ensure it meets Florida’s legal requirements.

4. Review and Update Your Will Regularly

As your children grow or your family’s circumstances change, your will should reflect these changes. Regularly review and update your estate plan to ensure it stays current.

Can a Florida Estate Planning Lawyer Help Me?

Absolutely! A Florida estate planning lawyer is crucial in helping you create a will that addresses your specific needs, including appointing guardians, creating trusts, and managing your estate in the event of your death. Working with an attorney ensures that your will is legally sound and aligned with Florida state laws.

Don’t Wait—Protect Your Children Today

As a Florida parent, creating a will is one of the most loving and responsible actions you can take to ensure your children’s future is secure, no matter what. Whether you have minor children, a blended family, or special needs dependents, a will helps you protect your loved ones and maintain control over your legacy.

Don’t wait—start the estate planning process today and give yourself the peace of mind knowing that your children’s future is safe. If you’re ready to draft a will or need guidance on how to create an estate plan that fits your family’s needs, contact a Coral Springs probate lawyer today.

Attorney Sonia Muñoz Gallagher works with Florida families, business
owners, and medical professionals to provide strategic legal guidance
designed to prevent crisis-driven decisions and unnecessary court
involvement.

Want clarity before making decisions?
Attend a free estate planning or business planning webinar hosted by Attorney Sonia Muñoz Gallagher.
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Read: What is a Guardian Designation, and How Does It Work in Florida?