How to Make a Will in Florida: Step by Step Guide
Estate planning is something everyone needs—not just the wealthy or the elderly. Without a valid will in Florida, your loved ones could face unnecessary confusion and lengthy legal delays during an already difficult time.
A will is a crucial legal document that states how your assets will be distributed, who will manage your estate, and who will care for minor children.
To make a valid will in Florida follow these steps:
- Assess Your Assets
- Identify Beneficiaries
- Appoint Key Roles
- Draft the Will with our Estate Planning Attorney
- Properly Execute
At Southron Firm, we provide personalized, efficient estate planning tailored to your needs. We deliver clear, transparent guidance at every step. Our attorneys will help you make informed decisions that protect your family’s future.
Contact our experienced will attorney near you to make a will in Florida.
Do You Need a Will in Florida?
Yes — everyone needs a will in Florida regardless of your age, family situation, or the size of your assets. A will gives you control over what happens to your property, your business interests, and your loved ones after you pass. Without one, Florida’s intestacy laws decide who gets what — which may not reflect your wishes.
Here’s what happens if you die without a will in Florida:
- The court distributes your assets based on a fixed formula — not your preferences
- Unintended heirs may inherit your property
- Minor children may end up with a court-appointed guardian
- Probate becomes more expensive, stressful, and time-consuming for your family
Additional Reading: What Happens if You Die Without a Will in Florida
Speak with a will lawyer near you now to make a will in Florida and receive necessary legal advice.
How to Make a Will in Florida
Florida has strict legal requirements for wills to be valid, making it essential to follow the process carefully and work with a qualified attorney. Here’s a step-by-step guide to making a legally valid will in Florida:
1. Assess Your Assets
Make a complete list of everything you own, this includes:
- Real Estate
- Financial Accounts
- Personal Property
- Business Interests
- Digital Assets
When you know the full scope of your estate, you can make informed decisions and ensure you don’t overlook any important assets.
2. Identify Your Beneficiaries
Decide who will receive your property and belongings. Beneficiaries can include family members, friends, charities, or even business partners. Be clear and specific to avoid confusion or legal disputes later on.
It’s important to consider:
- Primary Beneficiaries: Those who will inherit first.
- Contingent Beneficiaries: Individuals or entities who will inherit if your primary beneficiaries predecease you.
- Specific Bequests: Any particular items or sums of money you wish to leave to specific individuals.
- Residuary Beneficiaries: These individuals receive the remainder of your estate after you pay all specific gifts and debts.
Schedule a consultation with our trusted estate planning lawyer to make a will in Florida today.
3. Appoint Key Roles
A will also designates crucial individuals to carry out your wishes. These roles are important for the proper administration of your estate:
- Executor (Personal Representative): The individual you choose to manage your estate, pay debts, file taxes, and distribute assets according to your will.
- Guardians for Minor Children: If you have children under 18, your will is the only place you can legally name guardians to care for them if something happens to you.
- Trustee (if applicable): If your estate plan includes a testamentary trust you will also appoint a trustee to manage the assets held in that trust for your beneficiaries. A testamentary trust is created within your will.
4. Draft the Will with an Estate Planning Attorney
Working with an experienced estate planning lawyer is essential to ensure your will meets all legal requirements. Florida’s laws around wills are complex, and small mistakes can lead to delays, disputes, or invalidation of your will.
At Southron Firm, our attorneys help you draft with creating a will in Florida by:
- Reviewing your assets and beneficiary choices
- Discussing key roles such as executors and guardians
- Customizing the will to fit your unique family and financial situation
- Explaining every part of the estate planning document clearly
- Making updates or revisions as needed
We understand estate planning can feel overwhelming. That’s why we’re committed to providing clear, honest guidance and support to make a will in Florida that meets your specific needs.
5. Properly Execute the Will
Florida law requires that you sign the will in the presence of two witnesses, who must also sign it. To make the will “self-proving” (which speeds up probate), you’ll also need to sign a notarized affidavit. A Florida self-proving will can save your loved one’s time and stress by simplifying the probate process.
You must properly execute your will to avoid challenges or invalidation during probate.
Contact our experienced attorney for wills near you to make a will in Florida today.
Florida Will Requirements
For your Last Will and Testament in Florida to be legally binding it must comply with Florida Statute 732.502. Failing to meet these requirements can cause your will to be contested or declared invalid.
Here are the Florida will requirements to ensure a valid will:
- Written Document: Florida requires wills to be in writing. Oral wills (nuncupative wills) and handwritten wills without witnesses (holographic wills) are not valid in Florida.
- Signed by the Testator: You must be at least 18 years old and of sound mind. This means you understand the nature of making a will, the extent of your property, and who should benefit from it.
- Witnessed by Two Individuals: Two competent witnesses must be present when you sign the will, and they must also sign it in your presence.
- Self-Proving Affidavit: While optional, adding a notarized self-proving affidavit helps speed up the probate process. This helps affirm the will’s validity without requiring witnesses to testify in court.
Meeting these requirements is crucial to ensure your wishes are respected and legally binding. Our experienced attorneys make sure to make a will in Florida that complies with all legal standards.
Make a will in Florida with help from our trusted attorneys who guarantee it meets every legal requirement.
Types of Wills You Can Make in Florida
Florida recognizes several specific types of wills that meet legal requirements to ensure your wishes are honored:
- Simple Will: A straightforward will that outlines how your assets will be distributed and appoints guardians for minor children if needed. This is ideal for individuals with simple estates.
- Testamentary Trust Will: A will that creates one or more trusts to manage assets for beneficiaries who require ongoing financial oversight, such as minors or individuals with special needs.
- Pour-Over Will: This type works alongside a living trust to transfer any assets not already placed into the trust upon your death, helping to simplify estate administration.
- Mirror Wills: Often used by couples, mirror wills are two separate wills with nearly identical provisions that reflect each other’s wishes. Each will is independent and can be changed individually.
Florida does not recognize handwritten (holographic) or oral (nuncupative) wills. Using these forms can lead to invalidation and legal complications.
Contact our trusted lawyer to make a will in Florida tailored to your needs.
How to Change or Revoke a Will in Florida
In Florida, you can change or revoke your will at any time as long as you are of sound mind. Here’s how:
How to Change a Will:
- Codicil: This is a legal amendment to your existing will. A codicil must be executed with the same legal formalities as a will — in writing, signed by you (the testator), and witnessed by two individuals.
- Create a New Will: If you’re making significant changes, it’s usually best to draft an entirely new will that revokes the original.
How to Revoke a Will:
- Physical Destruction: You can revoke your will by physically destroying the original document with the intent to revoke it.
- Writing a New Will: Most new wills begin with a statement revoking all previous wills and codicils. Our attorneys can help you make a will in Florida to ensure the original will is revoked.
- Written Declaration: You can revoke your will through a written statement declaring the revocation. The law requires you to sign and witness this in the same way as a valid will.
Simply making changes on the document (like crossing out sections or writing in new instructions) will not hold up in Florida probate court. Those edits are not legally binding unless executed through proper legal channels.
Getting an estate planning attorney involved is extremely important. We can ensure any changes or revocations are valid, enforceable, and compliant with Florida law.
Our experienced attorneys can help you make a will in Florida that’s legally valid and up to date. (813)773-5105
Contact Our Expert Attorneys for Wills Near You
Creating a living will Florida is one of the most important steps you can take to protect your family and secure your legacy. Working with our experienced attorney ensures your will is legally valid, tailored to your unique situation, and built to stand up in court if ever challenged.
If you need to make a will in Florida our estate planning attorneys are here to help. We’ll walk you through your options, explain everything in plain language, and handle all the legal details.
Let us help you make a will in Florida thats a clear, enforceable plan for the future — schedule a consultation today.
