Estate plans are not “set it and forget it” documents. In Palm Beach, the life events that most often trigger an update are marriage, divorce, and the arrival of a child. Florida law treats each of these moments differently, and waiting too long can leave your plan out of step with both your wishes and the statute. Here is how each change works, what it costs, and how quickly you should act.
After Marriage: Florida’s Spousal Protections Kick In
When you marry in Palm Beach County, Florida law automatically grants your new spouse significant rights, whether or not your documents mention them. Under the elective share statute (Fla. Stat. §732.2065 and following), a surviving spouse can claim 30% of the elective estate, which sweeps in many assets beyond the probate estate. Florida’s homestead protections under Article X, Section 4 of the state constitution also restrict how you can leave your primary residence if you have a spouse or minor child. If you signed a will before marrying and never updated it, your spouse may be treated as a “pretermitted” spouse and take an intestate share. Reviewing your plan within the first few months of marriage prevents surprises.
After Divorce: Florida Voids Some Provisions Automatically
Florida law (Fla. Stat. §732.507 for wills and §736.1105 for revocable trusts) automatically treats your ex-spouse as having predeceased you for purposes of those documents once a divorce is final. A similar rule under §732.703 applies to many beneficiary designations on life insurance and retirement accounts. This automatic revocation is helpful, but it is not complete: it does not reach every contract, and it can create unintended gaps where an ex-spouse was named as trustee or personal representative. After a Palm Beach divorce, you should re-sign clean documents and re-do every beneficiary form rather than relying on the statute to do the work for you.
After a New Child: Guardianship and Provisions
A new child or grandchild is the most urgent trigger of all. Florida’s pretermitted child statute (§732.302) may give an after-born child a share, but it does not name a guardian. Naming a guardian for a minor in your will is the single most important reason new Palm Beach parents come in. If you want assets held and managed until your child reaches an age you choose, a revocable trust under Chapter 736 lets you avoid a court-supervised guardianship of the property.
Timeline and Cost
Most updates are not full rebuilds. A simple amendment, called a codicil for a will or an amendment for a trust, can often be drafted and signed within one to two weeks. Florida requires that a will be signed with two witnesses and is best notarized to make it self-proving under §732.503. Updating beneficiary designations is free and can be done the same day directly with each institution. Because Florida has no state estate or inheritance tax, these updates are about control and clarity, not tax avoidance.
Consult a Florida Attorney
Every family’s facts differ, and the interplay of homestead, elective share, and beneficiary rules is genuinely complex. A licensed Florida estate planning attorney serving Palm Beach can confirm which provisions the statute already fixed for you and which still need your signature. This article is general information, not legal advice.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.
For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles .
