What Is a Will? Understanding the Last Will and Testament
Why a Will Matters More Than You Think
Only 24% of American adults currently have a will or other estate planning document in place, according to a 2025 Caring.com survey. That means the vast majority of people haven’t taken the step to protect what happens to their assets after they’re gone.
It’s understandable — no one wants to be reminded of their own mortality or spend time thinking about what happens after they die. But a will is an instrument of power. Creating one gives you control over the distribution of your assets. If you die without one, the state decides what becomes of your property, without regard to your priorities or your family’s needs.
For residents of Fort Myers and Southwest Florida, understanding what a will is — and how it works under Florida law — is one of the simplest ways to protect your family’s future.
What Is a Will?
A will, also known as a last will and testament, is a legal document in which an individual or a couple (called the “testator”) states their wishes for how their assets should be distributed after death.
What does a will do? In short, it lets you decide — instead of the state deciding for you — who receives your property, who cares for your minor children, and who is responsible for carrying out your wishes.
A will in estate planning typically includes four main parts:
1. Executors
Most wills begin by naming an executor. The executor is responsible for carrying out the instructions in the will, which includes:
- Assessing the value of the estate
- Gathering the assets
- Paying inheritance tax and other outstanding debts, if necessary
- Distributing assets among beneficiaries
It’s recommended that you name at least two executors, in case your first choice is unable or unwilling to fulfill the role.
2. Guardians
A will allows you to designate a guardian for your minor children. Before naming someone, make sure that person is both willing and able to take on the responsibility.
For many parents, this is the single most important part of a will. If you die without naming a guardian, a Florida court will decide who takes care of your children — a decision that may not reflect your wishes.
3. Gifts
This section identifies the people or organizations you want to leave specific gifts to, such as money or personal possessions like jewelry or a car. You can also set conditions on a gift — for example, leaving a sum of money to a young daughter, but only once she reaches a certain age.
4. Estate
Your estate includes everything you own: real property, financial investments, cash, and personal belongings. Once you’ve identified any specific gifts, you can divide the remainder of your estate among your heirs — either in equal shares or by percentage. For example, you might leave 45% each to two children and the remaining 10% to a sibling.
How Does a Will Work?
A will only takes legal effect after the testator’s death and, in most cases, after it passes through probate — the court process that validates the will and oversees the distribution of assets. In Florida, having a properly executed will can help simplify and speed up this probate process for your loved ones.
Do You Need a Lawyer to Write a Will?
Florida law doesn’t require a will to be drawn up by a professional, and some people choose to write their own at home. But when it comes to wills, there’s little room for error — you won’t be there when the will is read to correct mistakes or clear up confusion.
When drafting a will, consider working with a legal or financial professional, especially if you have:
- A large or complex estate
- A blended or complicated family situation
- Property or assets located in more than one state
The Bottom Line
Planning for the eventual distribution of your assets may not sound appealing, but a will puts the power in your hands. You’ve worked hard to build a legacy for your loved ones — you deserve to decide what becomes of it.
Frequently Asked Questions
What is a will in estate planning?
A will is the foundational document of estate planning. It sets out how a person’s assets should be distributed after death, who should serve as executor, and who should be named guardian of any minor children.
What is the purpose of a will?
The purpose of a will is to give you control over what happens to your property and your minor children after you die, rather than leaving those decisions to state law.
Why do I need a will?
You need a will to ensure your assets go to the people or organizations you choose, to name a guardian for minor children, and to help your loved ones avoid unnecessary confusion or disputes during probate.
What happens if I die without a will?
If you die without a will, state law determines how your assets are distributed and who cares for your minor children, without regard to your personal wishes.
Can I write my own will in Florida?
Florida law does not require a will to be prepared by an attorney. However, because wills must meet specific legal requirements to be valid, working with a legal or financial professional is recommended, especially for larger or more complex estates.
