If you have young children in Palm Beach, estate planning is less about taxes and more about answering one question: who raises your kids and manages their money if something happens to you? This guide walks through how the process works under Florida law, what it typically costs, and how long each step takes.
Start With a Guardian Nomination
Florida lets you nominate a guardian for your minor children in your will (Chapter 744). Without that nomination, a Palm Beach County circuit judge decides who serves, often after relatives disagree. Naming a guardian in a properly executed will under §732.502 is the single most important step a young family takes. The will itself usually takes a week or two to draft and finalize with an attorney.
Why a Revocable Trust Often Beats a Will Alone
A will controls who inherits, but property passing under a will goes through probate. For families, the bigger benefit of a Florida revocable living trust (Chapter 736) is that it keeps minor children from inheriting a lump sum at age 18. Instead, you can direct that funds be held and released in stages, for college, a first home, or at ages you choose. A trust also avoids probate for assets titled into it, which matters because Palm Beach County formal administration commonly runs several months to over a year.
Cost and Timeline: Probate vs. Funded Trust
If your estate passes through probate, Florida law (§733.6171) sets presumptively reasonable attorney’s fees on a sliding scale tied to estate value, plus court costs and a personal representative’s fee. Formal administration is the standard path for most family estates. Summary administration is faster and cheaper but is only available when the estate is under $75,000 (excluding exempt property) or the death occurred more than two years ago.
A funded revocable trust generally costs more upfront than a simple will, but it spares your family the probate fees and the months-long timeline. For a young family, that means a surviving spouse or named trustee can access funds for the kids quickly rather than waiting on the court.
Don’t Overlook Beneficiary Designations
Life insurance, 401(k)s, and IRAs pass by beneficiary designation, not by your will. Naming a minor child directly is a common mistake; the money can end up in a court-supervised guardianship until age 18. Routing those proceeds to your trust instead keeps them under the staged terms you set. Reviewing these designations takes an afternoon and costs nothing.
The Documents Every Palm Beach Parent Needs
- A will with a guardian nomination
- A revocable living trust if you have meaningful assets or want staged distributions
- A durable power of attorney under Chapter 709 so a spouse can manage finances if you’re incapacitated
- A designation of health care surrogate and living will
Together these usually take two to four weeks from first meeting to signing.
A Note on Florida Homestead
Your Palm Beach home likely qualifies as homestead under Article X, §4 of the Florida Constitution. Homestead carries powerful creditor protection but also strict rules on how it passes when minor children are involved, which can limit what you can do in a will. This is one reason families benefit from tailored advice rather than a template.
Consult a Florida Attorney
Florida’s homestead and guardianship rules are unforgiving of DIY mistakes, and a poorly drafted plan can cost your family time and money exactly when they’re most vulnerable. Speak with a licensed Florida estate planning attorney serving Palm Beach to build a plan that fits your family.
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 Florida estate planning. Morgan Legal Group's affiliated New York office also handles .