Can I make a will in Florida before turning 18?

Q: How much can you inherit in Florida without paying taxes?

In Florida, there is no state inheritance tax. However, federal estate taxes may apply if the estate exceeds a certain threshold, which is currently over $12 million. Beneficiaries typically do not pay taxes on the inherited amount, but it's wise to consult a tax professional for personalized advice regarding your inheritance.

Full question:

I live in Florida. I am 17 and graduated high school early. I work full time and live with my parents. My Grandfather left me some money when you died that my parents have in an account for me. I want to leave my money to my girlfriend if something happens to me but I am told I cannot make a Will in Florida until I am 18. Please help.

Category: Wills and Estates
Date: 04/07/2025
State: Florida

Answer:

In Florida, you must be 18 to create a will. However, if you are an emancipated minor, you can make a will at any age. Since you have a job, you might consider filing for emancipation, or you can wait until you turn 18. According to Florida law (Fla. Stat. § 732.501), any person who is of sound mind and is either 18 years or older or an emancipated minor may create a will.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How does inheritance work when a parent dies?

In Florida, when a parent dies, their assets are distributed according to state laws if there is no will. This is known as intestate succession. Generally, children inherit equally from their deceased parent. If the parent had a will, the assets are distributed according to the terms of that will. It's important to note that certain assets, like life insurance and retirement accounts, may pass directly to named beneficiaries outside of the will.

Am I entitled to anything if my father died?

If your father died without a will in Florida, you are generally entitled to inherit a portion of his estate as his child. If he had a will, the distribution will follow the instructions in that document. Additionally, assets like life insurance policies or retirement accounts may pass directly to named beneficiaries, regardless of the will. It's advisable to consult with an attorney for specific guidance based on your situation.

How much can you inherit in Florida without paying taxes?

Do children automatically inherit parents' house?

Yes, in Florida, if a parent dies without a will, their children automatically inherit the house as part of the estate under intestate succession laws. If there is a will, the house will be distributed according to the terms of that will. It's important to check if there are any liens or mortgages on the property that may affect the inheritance.

What are the inheritance rules in Florida?

In Florida, inheritance rules depend on whether the deceased left a will. If there is no will, the estate is distributed according to intestate succession laws, which prioritize spouses and children. If there is a will, assets are distributed according to the deceased's wishes. Certain assets, like jointly owned property or those with designated beneficiaries, may bypass probate and go directly to the heirs.

What is the order of inheritance in Florida?

In Florida, the order of inheritance under intestate succession is as follows: first, the spouse and children inherit. If there are no children, the spouse inherits everything. If there are no spouse or children, the estate goes to parents, siblings, and then more distant relatives. If there is a will, the distribution follows the deceased's specified wishes.