By Raymond Ferrer, Esq., Florida Bar No. 109090, Ferrer Counsel, Miami
Published October 27, 2026
Quick answer: Most people delay their estate plan because they think they are too young or do not own enough, because talking about death feels uncomfortable, or because they worry about cost and do not know where to start. In Florida, any adult of sound mind can make a will, and a basic plan is usually a few documents that let you choose who inherits, who manages your affairs, and who cares for your children.
Why do so many people put off estate planning?
Almost everyone agrees an estate plan is important. Far fewer people actually have one. The reasons are very human: life is busy, the topic is heavy, and the process can feel confusing.
The good news is that each of these reasons has a simple, practical answer. Here are the ones we hear most often in Miami-Dade and Broward.
"I’m too young" or "I don’t have enough to need a plan"
Under Section 732.501, Florida Statutes, any person of sound mind who is 18 or older can make a will. An estate plan is not only about money. For young parents, the most important decision may be who would raise the children.
A plan also covers you while you are alive. If an accident or illness left you unable to make decisions, a power of attorney and health care documents let someone you trust step in without going to court.
"I don’t want to think about death"
That is completely normal. In many families, talking about death feels uncomfortable or even like bad luck. Some families simply never discuss money or "what happens if."
It helps to see planning as an act of care, not a prediction. You are making things easier for the people you love. Many people find it a relief once it is done. If the conversation is easier in Spanish, it can happen in Spanish.
"My spouse gets everything anyway"
Not always. Under Section 732.102, if either spouse has children from another relationship, the surviving spouse generally receives only one-half of the probate estate, and the children share the rest. If you are not married, Section 732.103 sends your property to relatives in a set order, and an unmarried partner is not on that list.
Blended families are very common in South Florida, so this surprises a lot of people. We explain these rules in more detail in our post on what happens if you die without a will in Florida.
"My family can’t agree on who should be guardian or in charge"
Choosing a guardian for minor children or a personal representative (the person who manages your estate) can feel impossible, so people stall. But if you do not choose, a judge may have to.
Under Section 744.312, Florida courts must consider a guardian named in a will. You can also name backups. Your choice does not have to be perfect, and you can update it as your family changes.
"I’m worried about the cost"
It is fair to ask what a plan will cost, and a lawyer should explain fees before any work begins. Compare that with the alternative: without documents, your family may face court proceedings to manage your affairs or settle your estate, which can take more time and money.
Online forms can look cheaper, but Florida has strict signing rules. A document signed the wrong way may not work when your family needs it.
"I don’t know where to start"
You do not need to have everything figured out before you call. A basic Florida plan usually includes:
- A will, naming who inherits, a personal representative, and a guardian for minor children
- A durable power of attorney for financial matters. Under Section 709.2105, it must be signed in front of two witnesses and acknowledged before a notary.
- A health care surrogate designation, signed in front of two adult witnesses under Section 765.202, and often a living will
- For some families, a revocable living trust
"I’m too busy," especially business owners
Small business owners often put their own planning last. But if you could not sign checks or make decisions for a while, who would keep things running? A durable power of attorney and a plan for your business interests can protect your family and your employees. Your business may also have its own documents, like an operating agreement, that should work together with your plan.
"I already did a will years ago"
Life changes. In Florida, a divorce generally cancels provisions in your will that benefit your former spouse (Section 732.507), and many beneficiary designations to a former spouse are also treated as void (Section 732.703). Still, a marriage, a new child, a move to Florida, or a new home are all good reasons to review your plan.
What does the process look like at Ferrer Counsel?
In general terms, it has three steps:
- Consultation. We talk about your family, your property, and your goals, in English or Spanish.
- Drafting. We prepare your documents and walk you through them in plain language.
- Signing. Under Section 732.502, a Florida will must be signed at the end in front of two witnesses, who sign in front of you and each other. A notary is commonly used so the will is "self-proved" under Section 732.503, which can make probate simpler later.
A simple checklist to stop putting it off
- Write down who you would want to raise your children, and a backup
- List your main accounts, your home, and any business interests
- Check who is named as beneficiary on life insurance and retirement accounts
- Choose who would handle your money and your medical decisions if you could not
- Put a date on your calendar to schedule a consultation
Frequently Asked Questions
How old do you have to be to make a will in Florida?
Any person of sound mind who is 18 or older, or an emancipated minor, can make a will in Florida.
What happens if I become incapacitated without a power of attorney?
Your family may need to go to court to have a guardian appointed to manage your finances. A durable power of attorney, signed properly, can often avoid that.
Who makes medical decisions for me if I have no health care surrogate?
Florida law lists people who can act as a health care proxy, starting with a court-appointed guardian, then your spouse, then your adult children, then your parents, and so on. Naming a surrogate lets you choose.
Does a Florida will need to be notarized?
A notary is not required for a will to be valid, but two witnesses are. Adding a notarized self-proving affidavit is common and can make probate easier.
How often should I update my estate plan?
Review it after major life events, such as marriage, divorce, a new child, a move, or buying a home or business, and every few years even if nothing has changed.
Talk With Ferrer Counsel About Your Plan
The hardest part is usually the first step. Ferrer Counsel helps families in Miami-Dade and Broward Counties put wills, trusts, powers of attorney, and health care documents in place. Se habla español.
To schedule a consultation, call 305.423.0775 or visit our Contact page.
Related reading:
- What Happens If You Die Without a Will in Florida?
- Estate Planning at Ferrer Counsel
- Frequently Asked Questions
- About Raymond A. Ferrer
This article is general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and every situation is different, so please speak with a lawyer about your specific circumstances.