What Is a Florida Last Will and Testament?

A last will and testament in Florida is a legal document that allows you to decide how your assets will be distributed after your death. It ensures your property goes to the people you choose rather than being distributed based on state law. A will can be updated or changed at any time during your lifetime.

Why Having a Will Matters

A will provides clear instructions on how your estate should be handled, reducing the risk of disputes among heirs. Without a will, Florida’s intestacy laws determine who inherits your assets, which may not align with your wishes.

Although a will does not avoid probate, it makes the process smoother by providing clear guidance to the court and your beneficiaries.

What a Will Can Do

A properly executed will in Florida allows you to:

• Distribute Assets – Decide who inherits your real estate, financial accounts, and personal property.
• Appoint a Guardian for Minor Children – Choose someone you trust to care for your children if you pass away while they are minors.
• Name a Personal Representative – Select a responsible person to handle your estate and oversee probate.
• Express Your Final Wishes – Include funeral instructions or other personal requests.

How to Create a Valid Will in Florida

To be legally valid in Florida, a will must meet the following requirements:

• Be in writing (oral wills are not valid).
• Be signed by the testator (the person making the will).
• Be witnessed by two people who must sign in the presence of the testator.
• The testator must be at least 18 years old and of sound mind.

These requirements are outlined in Section 732.502 of the Florida Statutes.

The Probate Process in Florida

After a person dies, their will must go through probate, a court-supervised process that:

1. Validates the Will – The probate court confirms that the will is legally valid.
2. Settles Debts and Taxes – The personal representative pays any outstanding debts or taxes.
3. Distributes the Estate – The remaining assets are given to the beneficiaries named in the will.

A well-prepared will can help streamline probate and prevent unnecessary delays.

What Can Be Included in a Florida Will?

Florida law allows a will to include:

• The names of beneficiaries who will inherit specific assets.
• Instructions on how assets should be divided.
• Appointment of a personal representative to manage the estate.

This flexibility ensures your assets are distributed exactly as you wish.

Common Structure of a Florida Will

Many wills in Florida follow this format:

1. Naming a primary beneficiary (often a spouse).
2. Distributing assets to children after the surviving spouse passes away.
3. Appointing a personal representative to manage the estate.

This structure helps ensure clear and efficient estate administration.

How to Create a Last Will and Testament in Florida

Steps to Draft a Will

1. Identify Beneficiaries – Decide who will inherit your property.
2. Choose a Personal Representative – Select someone responsible for managing your estate.
3. Appoint Guardians for Minor Children – If needed, designate guardians.
4. Write Your Will – Clearly state your instructions.
5. Sign and Witness – Sign the will in front of two witnesses, who must also sign.

Updating Your Will

Life changes, such as marriage, divorce, births, or deaths, may require updates to your will.

Florida law requires that any amendment, known as a codicil, must follow the same signing and witnessing rules as the original will. Alternatively, you can revoke the old will and create a new one.

Role of a Personal Representative

A personal representative (also called an executor in some states) is responsible for carrying out the instructions in the will. Their duties include:

• Handling probate proceedings and distributing assets.
• Paying outstanding debts and taxes from the estate.
• Defending the estate against legal claims.

Florida law allows a testator to name multiple personal representatives to share these responsibilities.

To serve as a personal representative in Florida, a person must either be a Florida resident or a close relative of the deceased (spouse, parent, sibling, or child). The probate court must approve their appointment.

Pros and Cons of Having a Last Will and Testament

Pros	Cons
Control Over Asset Distribution – A will ensures your property goes to the beneficiaries you choose.	Probate Requirement – A will must go through probate, which can be time-consuming and costly.
Guardian Appointment – You can designate a guardian for minor children.	Limited Asset Protection – A will does not protect assets from creditors or estate taxes.
Simple Setup – A will is typically less expensive to create than other estate planning tools.	Potential for Disputes – If unclear, a will can be contested, leading to family conflicts.

While a will is important, individuals with complex estates may benefit from using additional tools like living trusts to avoid probate and enhance asset protection.

FAQs About Florida Wills

Do I need a lawyer to create a will in Florida?

No, but an attorney can ensure your will meets legal requirements and protects your interests.

What makes a will valid in Florida?

A will must be in writing, signed by the testator, and witnessed by two people who sign in the testator’s presence.

Can I change my will after I make it?

Yes, you can modify your will at any time, but changes must follow Florida’s legal requirements to be valid.

What happens if I die without a will in Florida?

Your assets will be distributed according to Florida’s intestacy laws, which prioritize close relatives such as spouses and children.

Does a Florida will have to be notarized?

Notarization is not required for a will to be valid, but having a self-proving affidavit notarized can make probate easier by eliminating the need for witness testimony.

How much does it cost to make a will in Florida?

Costs vary depending on complexity. A simple will prepared by an attorney may cost a few hundred dollars, while complex estate planning can be more expensive.