WILLS · FLORIDA
A Florida will, done right.
What a will does
- Names who receives your property, and in what shares
- Appoints your personal representative, the person who settles your estate
- States your preferences for the guardian of your minor children
- Can create trusts for children or other beneficiaries
- Lets you make specific gifts of heirlooms, accounts or property
What a will does not do
A will generally takes effect only through probate. Assets that pass by beneficiary designation, joint ownership or a trust do not pass under your will. A will also does nothing while you are alive: if you become incapacitated, your family will rely on your durable power of attorney and health care directives instead.
Florida signing requirements
Florida law is strict about how a will is signed. You must sign at the end of the will, and two witnesses must sign in your presence and in each other’s presence. Florida does not recognize handwritten wills that are not witnessed, or oral wills.
We also add a self-proving affidavit, signed before a notary, so the court can accept your will without locating your witnesses later.
Pour-over wills
If you have a revocable living trust, your plan should include a pour-over will. It works as a safety net, directing any asset left outside the trust into it at your death so everything follows your trust’s instructions.
When to update your will
Review your will after a marriage, divorce, birth or adoption, a move to Florida, the purchase of real estate, or the death of someone named in it. Florida law can automatically revoke provisions for a former spouse after divorce, so updating keeps your plan clear.
FLORIDA WILL ESSENTIALS
- Signed at the end by you and two witnesses
- Self-proving affidavit before a notary
- Names a personal representative and guardian preferences
- Goes through probate to transfer assets
- No valid unwitnessed handwritten or oral wills in Florida
Talk it through with our team
COMMON QUESTIONS
Questions families ask
Yes. A pour-over will catches any assets that were not moved into your trust and lets you state guardian preferences for minor children.
Florida residents who are adults can generally serve. A non-resident can serve only if they are a close relative, such as a spouse, parent, child or sibling, or another relative described in Florida law. We help you choose someone who qualifies.
Yes. You can state your preference for a guardian in your will. Many parents also sign a separate declaration naming preneed guardians so the designation is available even before the will is admitted to probate.
Usually, if it was validly signed where you lived, unless it was handwritten without witnesses or oral. We recommend a review after moving because Florida-specific provisions, like homestead rules, may need to be addressed.
It depends on the estate. Simple estates may qualify for summary administration, while formal administration often takes several months or longer. A trust-based plan can help many assets avoid probate.
