Wills Lawyer in Florida — How to Make a Valid Will and Protect Your Family

A will is the simplest way to protect your family. This guide from a wills lawyer in Florida perspective explains how to make a valid will, what to include, and how to avoid common mistakes.

In Florida, a will must be in writing, signed by the person making it and signed by two witnesses. Furthermore, Florida gives a surviving spouse an elective share, a right to claim part of the estate even if the will leaves them less. Therefore, a will should match state law exactly.

Our attorneys draft wills, powers of attorney and healthcare directives for Florida residents, entirely online, at fixed prices.

Why you need a will in Florida

A will says who receives your property and who manages your estate. In addition, it lets parents nominate a guardian for minor children. Without one, Florida's intestacy laws decide who inherits.

Intestacy rules may not match your wishes. For example, unmarried partners and stepchildren usually receive nothing. Consequently, a will protects the people you choose. Our Last Will and Testament service drafts a will that meets Florida's requirements.

Signing requirements in Florida

In Florida, a will must be in writing, signed by the person making it and signed by two witnesses. Witnesses should be adults who do not inherit under the will. Using a beneficiary as a witness can cause problems.

Many wills also include a self-proving affidavit, signed before a notary. It allows the court to accept the will without calling the witnesses later. Florida does not recognize handwritten wills unless they are properly witnessed, and Florida homestead rules can override a will.

Small errors, big problems

A missing signature or witness can invalidate a will. Therefore, follow the signing steps exactly.

Handwritten and electronic wills in Florida

Florida generally does not accept an unwitnessed handwritten will made there. Therefore, a handwritten will must still meet the full signing requirements.

Florida has a law allowing electronic wills that meet its requirements. Whatever the format, clarity and proper signing matter most.

Spouses and wills in Florida

Florida gives a surviving spouse an elective share, a right to claim part of the estate even if the will leaves them less. Therefore, you cannot simply leave a spouse out.

Many couples choose mirror wills that leave everything to each other first. Our couples wills service drafts matching wills at a fixed price. In addition, a prenuptial or postnuptial agreement can change spousal rights.

Choosing an executor in Florida

The executor manages your estate after death. They collect assets, pay debts and distribute property. Consequently, choose someone organized, honest and willing to serve.

Name at least one backup executor. Furthermore, consider whether the person lives nearby, because some states add requirements for out-of-state executors. Read our guide to probate in Florida to see what the job involves.

Guardians for minor children

Parents of minor children should name a guardian in their will. Without a nomination, a judge decides who raises the children. Therefore, choose someone who shares your values.

You can also leave money to children through a trust. That way, a trusted person manages the money until the children are older. Otherwise, children may receive everything at 18.

Think about practical details too. For example, consider where the guardian lives, their age and their health. In addition, talk with them about schooling, religion and family contact. These conversations make a hard transition easier for your children.

What a will cannot do

Some assets pass outside a will. For example, life insurance, retirement accounts and payable-on-death bank accounts go to named beneficiaries. Similarly, jointly owned property with survivorship rights passes to the co-owner.

Therefore, review your beneficiary designations along with your will. In addition, a transfer-on-death deed can pass real estate outside probate where Florida allows it.

Will or living trust in Florida?

A will must usually go through probate. By contrast, a living trust can avoid probate for assets placed in it. Trusts cost more to set up but can save time later.

Many people use both: a trust for major assets and a "pour-over" will for anything left out. Read our guide to living trusts in Florida to compare. A living trust consultation helps you decide.

Powers of attorney and healthcare directives

A will only works after death. However, you also need documents for incapacity. A durable power of attorney lets someone manage your finances if you cannot.

Similarly, an advance healthcare directive names someone to make medical decisions and records your wishes. Together, these documents keep your family out of guardianship court. Our complete estate plan bundle includes all of them.

Updating your will in Florida

Review your will after major life events. For example, marriage, divorce, children and moves can all change what you need. In many states, divorce automatically revokes gifts to a former spouse.

Small changes can be made with a codicil, which must be signed like a will. However, a new will is often cleaner. Never write changes on the original will, because that can cause disputes.

Common will mistakes in Florida

Several mistakes cause problems for families. First, people forget to name backup beneficiaries and executors. Next, they use vague language, such as "divide fairly," which invites disputes.

In addition, people forget digital assets and pets. Furthermore, some leave the original will where no one can find it. Finally, many never sign the will properly. Each of these mistakes is easy to avoid with professional drafting.

Digital assets and pets in a Florida will

Modern estates include digital assets. For example, online bank accounts, cryptocurrency, photos and social media accounts all need a plan. Most states, including many that follow uniform laws, let you authorize an executor to access digital accounts.

Never put passwords in the will itself, because a probated will can become public. Instead, keep a secure list and tell your executor where to find it.

Pets need a plan too. You can name a caregiver and leave money for the pet's care. In addition, many states allow a pet trust, which makes sure the money is actually used for the animal.

Storing your will and telling your family in Florida

A will only helps if someone can find it. Therefore, keep the signed original in a safe, accessible place, such as a fireproof box at home. A bank safe deposit box can be hard for family members to open after a death.

Tell your executor where the original is. In addition, give trusted family members a copy or a note saying where to look. Courts usually require the original, so copies alone may not be enough.

Finally, review the storage location whenever you move. A lost will can mean the estate passes as if there were no will at all.

What a will costs in Florida

Will costs vary widely. Simple wills are often offered at a flat fee, while complex estates cost more. Fixed-fee drafting keeps costs predictable.

Our will services are fixed-fee and prepared online. For a full overview of estate documents, read our estate planning package guide.

If you are unsure where to begin, list your assets, beneficiaries and preferred executor first. Then order your will, and we will guide you through signing it correctly.

Our Wills services in Florida

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in Florida. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

Wills across Florida — cities we serve

We work with clients in every part of Florida, entirely online. Therefore, it does not matter whether you live downtown or hours from the nearest courthouse. Your documents follow Florida law and your county's local practice. Choose your city below to see local details and prices.

• Miami: Last Will and Testament in Miami · Couples Wills (Mirror Wills) in Miami · Complete Estate Plan Bundle in Miami
• Jacksonville: Last Will and Testament in Jacksonville · Couples Wills (Mirror Wills) in Jacksonville · Complete Estate Plan Bundle in Jacksonville
• Tampa: Last Will and Testament in Tampa · Couples Wills (Mirror Wills) in Tampa · Complete Estate Plan Bundle in Tampa
• Orlando: Last Will and Testament in Orlando · Couples Wills (Mirror Wills) in Orlando · Complete Estate Plan Bundle in Orlando
• St. Petersburg: Last Will and Testament in St. Petersburg · Couples Wills (Mirror Wills) in St. Petersburg · Complete Estate Plan Bundle in St. Petersburg
• Hialeah: Last Will and Testament in Hialeah · Couples Wills (Mirror Wills) in Hialeah · Complete Estate Plan Bundle in Hialeah
• Tallahassee: Last Will and Testament in Tallahassee · Couples Wills (Mirror Wills) in Tallahassee · Complete Estate Plan Bundle in Tallahassee
• Fort Lauderdale: Last Will and Testament in Fort Lauderdale · Couples Wills (Mirror Wills) in Fort Lauderdale · Complete Estate Plan Bundle in Fort Lauderdale
• Port St. Lucie: Last Will and Testament in Port St. Lucie · Couples Wills (Mirror Wills) in Port St. Lucie · Complete Estate Plan Bundle in Port St. Lucie
• Cape Coral: Last Will and Testament in Cape Coral · Couples Wills (Mirror Wills) in Cape Coral · Complete Estate Plan Bundle in Cape Coral
• Pembroke Pines: Last Will and Testament in Pembroke Pines · Couples Wills (Mirror Wills) in Pembroke Pines · Complete Estate Plan Bundle in Pembroke Pines
• Hollywood: Last Will and Testament in Hollywood · Couples Wills (Mirror Wills) in Hollywood · Complete Estate Plan Bundle in Hollywood
• Gainesville: Last Will and Testament in Gainesville · Couples Wills (Mirror Wills) in Gainesville · Complete Estate Plan Bundle in Gainesville
• Coral Springs: Last Will and Testament in Coral Springs · Couples Wills (Mirror Wills) in Coral Springs · Complete Estate Plan Bundle in Coral Springs
• Boca Raton: Last Will and Testament in Boca Raton · Couples Wills (Mirror Wills) in Boca Raton · Complete Estate Plan Bundle in Boca Raton
• West Palm Beach: Last Will and Testament in West Palm Beach · Couples Wills (Mirror Wills) in West Palm Beach · Complete Estate Plan Bundle in West Palm Beach
• Naples: Last Will and Testament in Naples · Couples Wills (Mirror Wills) in Naples · Complete Estate Plan Bundle in Naples
• Sarasota: Last Will and Testament in Sarasota · Couples Wills (Mirror Wills) in Sarasota · Complete Estate Plan Bundle in Sarasota
• Pensacola: Last Will and Testament in Pensacola · Couples Wills (Mirror Wills) in Pensacola · Complete Estate Plan Bundle in Pensacola

More Florida services

Couples Wills (Mirror Wills) in Florida · Complete Estate Plan Bundle in Florida · Advance Healthcare Directive / Living Will in Florida · Durable Power of Attorney in Florida · Living trust consultation in Florida · Transfer-on-Death Deed in Florida. See all legal services in Florida.

Nearby states

Moving between states, or is the other party elsewhere? We also cover Last Will and Testament in Georgia, Last Will and Testament in Alabama. See every location we cover.

Frequently asked questions

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Related guides

This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.