Many Floridians pass away without even a basic Will. Having a last will drafted and properly executed is essential to ensure a decedent’s wishes are carried out without confusion, conflict, or extensive delay. Another advantage of having a will is selecting an executor of your choosing to distribute property and assets to your beneficiaries. If there are minor children, a will can designate a known, trusted guardian that will best care for your children’s financial future.

There are disadvantages of a will as an estate must be probated, which can be a lengthy and costly court process. At probate proceedings, the court settles the decedent’s debts before the distribution of assets. The probate process becomes a public record, affording the beneficiaries no privacy in the estate’s settlement. A Will is only in effect after a person’s death. Therefore, if a person is incapacitated, the executor cannot manage the person’s financial matters.