FLORIDA WILL PREPARATION
Last Will & Testament Florida:
Protect Your Family’s Future
Your Florida Will controls who inherits your assets, names guardians for your children, and appoints your executor. Attorney-prepared Wills ensure proper execution, current Florida law compliance, and coordination with your estate plan—unlike DIY templates that often fail when your family needs them most.
What Is a Last Will & Testament?
A Last Will and Testament is a legal document that controls the distribution of your assets after death, nominates guardians for your minor children, appoints an executor to manage your estate through probate, and ensures your wishes are followed instead of Florida’s default intestacy laws.
Your Will only takes effect upon your death—it has no authority during your lifetime. This distinguishes it from a Durable Power of Attorney, which authorizes someone to manage your finances during incapacity, or a Revocable Living Trust, which takes effect immediately and avoids probate.
Florida law governs Will execution requirements under Chapter 732 of Florida Statutes. Your Will must be signed in the presence of two witnesses, who must also sign simultaneously in your presence and each other’s presence. Notarization isn’t legally required but is strongly recommended because it creates a “self-proving” Will that simplifies probate—the notarized affidavit eliminates the need for witnesses to testify in court after your death.
What Your Will Controls
- Probate assets: Bank accounts, real estate, vehicles, investments in your sole name
- Personal property: Jewelry, furniture, family heirlooms, collectibles
- Guardian nominations: Who raises your minor children (ONLY document for this)
- Executor appointment: Who manages your estate through probate
- Specific bequests: “I leave my beach house to my daughter Sarah”
What Your Will Does NOT Control
- Retirement accounts: 401(k), IRA, pension—beneficiary designations override your Will
- Life insurance: Paid directly to named beneficiaries, not through your Will
- Joint property: Assets with “right of survivorship” pass automatically to co-owner
- POD/TOD accounts: “Payable on Death” or “Transfer on Death” designations bypass probate
- Trust assets: Property held in a Revocable Living Trust avoids probate entirely
This is why coordinating your Will with beneficiary designations is critical. Attorney-prepared estate planning ensures all documents work together seamlessly.
What Your Florida Will Includes
A properly drafted Florida Will contains specific provisions required for legal validity and practical functionality. Here’s what Senator Grant includes in every Will he prepares.
Asset Distribution Instructions
Specifies who receives your property and in what proportions. You can name specific beneficiaries for particular assets (“my Rolex to my son David”) or leave everything to one person or split among multiple people (“divide equally among my three children”).
Required for Will validity
Guardian Nominations for Minor Children
Names who raises your children if you (and your spouse, if applicable) die before they turn 18. This is the ONLY legal document where you can nominate guardians. Without this, Florida courts decide who gets custody—potentially someone you wouldn’t choose, or worse, a custody battle between relatives.
Critical for parents with children under 18
Executor Appointment (Personal Representative)
Designates who manages your estate through probate—paying debts, filing tax returns, distributing assets to beneficiaries, and closing the estate. Choose someone responsible, organized, and trustworthy. Most people name a spouse, adult child, or close family member.
Required to open probate in Florida
Specific Bequests & Personal Property
Allows you to leave particular items to particular people—family heirlooms, jewelry, vehicles, collections. This prevents family disputes over sentimental items and ensures your wishes are clear.
Prevents beneficiary conflicts
Residuary Clause (Everything Else)
A “catch-all” provision that disposes of any assets not specifically mentioned. For example: “I leave my home to my daughter, my car to my son, and the rest of my estate (residue) to my spouse.” The residuary clause prevents assets from passing through intestacy by default.
Essential—captures all assets
Optional Provisions (Based on Your Needs)
- Testamentary trusts: Creates trusts within your Will for minor children’s inheritances
- Disinheritance clauses: Explicitly excludes someone who would otherwise inherit
- No-contest clauses: Discourages Will challenges by penalizing challengers
- Charitable bequests: Leaves assets to nonprofit organizations
- Pet care provisions: Names caretaker and sets aside funds for pet expenses
Florida Will Legal Requirements
Florida Statute §732.502 governs Will execution requirements. Miss one technical detail, and your Will may be invalid—discovered only after your death when your family presents it to probate court. Here’s what Florida law requires for a valid Will.
Must Be in Writing
Florida does not recognize oral (nuncupative) Wills or video Wills. Your Will must be a physical written document or typed document—handwritten (holographic) Wills are valid in Florida if they meet witness requirements, but typed Wills are strongly preferred for clarity.
Two Witnesses Required
You must sign your Will in the presence of two witnesses, who must also sign in your presence and in each other’s presence—all three people present simultaneously. Witnesses should be adults (18+) who are not beneficiaries of your Will.
Self-Proving Affidavit
While not legally required, notarization creates a “self-proving” Will. You, your two witnesses, and a notary all sign a sworn affidavit that the Will was properly executed. This eliminates the need for witnesses to testify in probate court after your death—simplifying administration.
Testamentary Capacity
You must be at least 18 years old (or an emancipated minor) and of “sound mind”—meaning you understand you’re creating a Will, know what property you own, and recognize who your natural beneficiaries are. Dementia or incapacity can invalidate a Will if challenged.
Common DIY Execution Errors That Invalidate Wills
- Beneficiary as witness: Your daughter signs as a witness, but she’s also a beneficiary—her inheritance is voided
- Witnesses not present simultaneously: You sign on Monday, one witness signs Tuesday, another Wednesday—invalid
- Only one witness: Florida requires two—only one witness makes the entire Will invalid
- Unsigned Will: You draft a Will but never sign it—it has no legal effect
- Handwritten changes: You cross out paragraphs or add notes in the margin—these alterations are invalid (requires new Will or formal codicil)
Attorney-prepared Wills include step-by-step execution instructions to ensure every requirement is met.
Guardian Nominations for Minor Children
The #1 reason parents need a Will
If you have children under 18, naming a guardian in your Will is the single most important estate planning decision you’ll make. Your Will is the ONLY legal document where you can nominate who raises your children if you die. Without this nomination, Florida courts decide custody—potentially someone you wouldn’t choose, or worse, a custody dispute between relatives who disagree.
What Happens Without Guardian Nominations
If both parents die without naming guardians in their Wills, Florida Statute §744.301 governs. The probate court appoints a guardian based on a statutory preference list—typically grandparents, aunts/uncles, or adult siblings. But if multiple relatives petition for custody, the court holds a contested guardianship hearing where a judge decides who gets your children. This process:
- Costs $10,000-$30,000 in legal fees as relatives hire attorneys to fight
- Takes 3-9 months while children live in temporary custody
- Creates family trauma and resentment that lasts for years
- May result in a guardian you wouldn’t have chosen (judge doesn’t know your values)
How to Choose a Guardian
Consider these factors when nominating guardians for your children:
✓ Age & Health
Is the guardian young enough and healthy enough to raise children to adulthood?
✓ Values & Lifestyle
Do they share your parenting philosophy, religious beliefs, and lifestyle preferences?
✓ Financial Stability
Can they afford to raise your children (supplemented by assets from your estate)?
✓ Willingness
Have you asked them if they’re willing to serve? Don’t surprise them after your death.
✓ Location
Would your children need to relocate? How disruptive would that be to their lives?
✓ Relationship
Do your children already have a bond with this person? Will they feel comfortable?
Primary + Backup Guardians
Always name a backup (successor) guardian in case your first choice cannot serve—they may predecease you, become incapacitated, or decline when the time comes. For example: “I nominate my sister Sarah as guardian. If Sarah cannot serve, I nominate my brother David.”
Guardian of the Person vs. Guardian of the Property
You can name the same person or different people for these roles. The guardian of the person has physical custody and makes daily decisions (school, healthcare, activities). The guardian of the property manages the child’s inherited money until they turn 18. Many parents use a testamentary trust within the Will to appoint a trustee to manage funds instead of a court-supervised property guardian.
Protect your children with a Will that names guardians
Schedule Your ConsultationWill vs. Trust: Which Do You Need?
The most common estate planning question: “Do I need a Will or a Trust—or both?” The answer depends on your assets, family situation, and whether avoiding probate is worth the additional cost of trust creation and administration.
| Feature | Last Will & Testament | Revocable Living Trust |
|---|---|---|
| Avoids Probate? | ❌ No—assets pass through 6-12 month probate process | ✅ Yes—assets transfer to beneficiaries in weeks |
| Privacy | ❌ Public record—anyone can read your Will in probate files | ✅ Private—trust terms remain confidential |
| Guardian Nominations | ✅ Only document where you can name guardians | ❌ Cannot nominate guardians in a trust |
| Initial Cost | ✅ $400-$1,200 (simple to coordinated couple Wills) | ⚠️ $1,850-$2,500 (trust + pour-over Will package) |
| Probate Costs Later | ⚠️ $3,000-$10,000+ attorney fees, court costs | ✅ $0—no probate |
| Time to Distribute Assets | ⚠️ 6-12 months (probate administration) | ✅ 2-6 weeks (trustee distribution) |
| Incapacity Planning | ❌ No authority during your lifetime | ✅ Successor trustee manages assets if you’re incapacitated |
| Ease of Updates | ✅ Simple—draft new Will or codicil | ⚠️ Requires trust amendment (slightly more complex) |
| Best For | Simple estates under $100k, no real estate, younger individuals | Homeowners, estates $100k+, privacy concerns, multiple properties |
When a Will Alone Is Sufficient
Single Adult, Under $75k Assets
If your estate qualifies for Florida’s summary administration (under $75k or only homestead property), probate takes 3-4 months instead of 6-12. Trust costs exceed probate savings.
Most Assets Have Beneficiaries
If your retirement accounts, life insurance, and bank accounts already have beneficiary designations or joint ownership, only minimal assets pass through probate—a Will is sufficient.
Young Professional
If you’re in your 20s-30s with modest assets, a Will covers immediate needs. You can upgrade to a trust later as wealth grows.
Primary Goal: Name Guardians
If your main estate planning concern is ensuring someone you choose raises your children, a Will accomplishes this. Trusts cannot nominate guardians.
When You Need a Trust Instead
You Own Real Estate
Florida homestead property must go through probate if titled in your sole name. A trust avoids 6-12 months of probate delays while preserving homestead protections. Learn more about trusts.
Estate Over $100k
At this asset level, probate costs ($3,000-$10,000+) exceed trust costs ($1,850-$2,500). The breakeven point makes trusts cost-effective for estates $100k+.
You Value Privacy
Probate creates public records showing your assets, debts, beneficiaries, and family dynamics. Trusts remain private—only you, your trustee, and beneficiaries know the terms.
You Own Out-of-State Property
Real estate in multiple states requires probate in EACH state (ancillary administration). A trust avoids multi-state probate entirely—all property transfers through one trust.
The Combined Approach: Trust + Pour-Over Will
Most comprehensive estate plans use BOTH a Revocable Living Trust and a “pour-over” Will. The trust holds your major assets (home, investment accounts) to avoid probate. The pour-over Will acts as a safety net—it “pours over” any assets you forgot to transfer into the trust before death, ensuring nothing passes through intestacy. The Will also nominates guardians for minor children (trusts can’t do this).
Typical package: Revocable Living Trust + Pour-Over Will + Durable Power of Attorney + Healthcare Surrogate = $1,850-$2,500 complete estate plan.
Common Will Mistakes to Avoid
DIY Wills and even some attorney-drafted Wills contain mistakes that create problems after death—when it’s too late to fix them. Here are the most common errors we see (and correct) in our practice.
Mistake #1: Using DIY Templates with Wrong-State Law
The Problem: LegalZoom, Rocket Lawyer, and free PDF downloads use generic national templates designed to work (theoretically) in all 50 states. They include outdated provisions or wrong-state language that violates Florida law.
Real Example: A DIY Will we reviewed included Colorado witness requirements (only one witness needed in CO). In Florida, this Will was invalid because Florida requires two witnesses. The family discovered this during probate—too late to fix. The estate passed through intestacy, and the decedent’s girlfriend (whom he intended to inherit everything) got nothing. His estranged siblings inherited by default.
✅ Solution: Use a Florida attorney who prepares Wills under current Florida Statutes Chapter 732.
Mistake #2: Improper Witness Execution
The Problem: You sign your Will in front of two witnesses, but one witness is your daughter who’s also a beneficiary. Florida law voids her inheritance if she signs as a witness to her own benefit.
Another common error: Witnesses sign on different days instead of simultaneously in each other’s presence. Or you sign the Will but forget to get witness signatures, assuming your signature alone is enough.
✅ Solution: Attorney-prepared Wills include detailed execution instructions: “Sign in the presence of two adult witnesses who are NOT beneficiaries. All three people (you + two witnesses) must be present together. Witnesses sign in your presence and each other’s presence.”
Mistake #3: Not Updating After Life Changes
The Problem: You created a Will 20 years ago leaving everything to your now ex-spouse. Or you named your brother as executor, but he died 10 years ago and you never updated the Will. Or you had more children after drafting your Will, but the Will only mentions your first two kids.
Florida’s Pretermitted Child Law: If you have children after executing your Will and don’t update it to include them, Florida law may give the omitted child a share of your estate even though they’re not mentioned in your Will. This unintentionally disrupts your intended distribution.
✅ Solution: Review your Will every 3-5 years and immediately after major life events—marriage, divorce, births, deaths, significant asset changes, relocation to Florida.
Mistake #4: Beneficiary Designations Contradict Will
The Problem: Your Will leaves everything equally to your three children. But your 401(k)—which represents 60% of your estate—still names your ex-spouse as beneficiary from before your divorce. Beneficiary designations override your Will, so your ex-spouse gets the retirement account and your children split the remaining 40%.
Assets that bypass your Will: Retirement accounts (IRA, 401(k), 403(b)), life insurance, payable-on-death (POD) bank accounts, transfer-on-death (TOD) investment accounts, jointly owned property with right of survivorship.
✅ Solution: Attorney-prepared estate planning includes a beneficiary designation review. We coordinate your Will with all non-probate assets to ensure your entire estate passes according to your wishes.
Mistake #5: No Residuary Clause
The Problem: Your Will says “I leave my house to my daughter and my car to my son,” but doesn’t say what happens to everything else—bank accounts, investments, personal property. Without a residuary clause, these “leftover” assets pass through intestacy by Florida’s default laws.
The Residuary Clause (Essential): “I leave the rest, residue, and remainder of my estate (all property not specifically mentioned above) to my spouse” or “divided equally among my children” or whoever you choose. This catch-all provision ensures every asset is covered.
✅ Solution: Every Will Senator Grant prepares includes a residuary clause—it’s standard in attorney-drafted Wills but often missing from DIY templates.
What Happens If You Die Without a Will?
Dying without a valid Will is called “intestacy.” Florida Statutes Chapter 732 determines who inherits your property through rigid statutory formulas—ignoring your actual wishes and family dynamics.
Florida Intestacy Distribution Rules
Here’s who inherits your estate if you die without a Will, based on Florida Statute §732.102-103:
You’re Married, No Children or Only Children with Your Spouse
📋 Result: Your spouse inherits 100% of your estate.
This is the simplest scenario and often aligns with most people’s wishes.
You’re Married with Children from a Previous Relationship
📋 Result: Your spouse gets 50%, your children from the prior relationship split the other 50%.
This often creates family conflict—your spouse may have expected to inherit everything, and your children may feel entitled to more. Without a Will, Florida makes this decision for you.
Your Spouse Has Children from Another Relationship (You Don’t)
📋 Result: Your spouse gets 50%, your parents or siblings split the other 50%.
This bizarre result assumes you’d want your family of origin to inherit half—even though most married people intend everything to go to their spouse.
You’re Not Married, Have Children
📋 Result: Your children inherit everything, divided equally.
If one child has died, their children (your grandchildren) inherit their parent’s share. If you wanted to leave anything to a friend, charity, or long-term partner—too bad. Children inherit by default.
You’re Not Married, No Children, Parents Alive
📋 Result: Your parents inherit everything.
Even if you’re 60 years old and your parents are 85, they inherit your estate by default. If you wanted to leave assets to siblings, nieces/nephews, or friends—intestacy law ignores those wishes.
You’re Not Married, No Children, Parents Deceased
📋 Result: Your siblings inherit equally. If a sibling has died, their children (your nieces/nephews) inherit their parent’s share.
No provision for friends, partners, or charities. Even if you were estranged from your siblings, they inherit by law.
No Spouse, No Children, No Parents, No Siblings
📋 Result: Your estate goes to more distant relatives—grandparents, aunts/uncles, cousins. Florida law traces family lines through complex statutory formulas until someone inherits.
In rare cases where no relatives can be found, your estate “escheats” (goes to the State of Florida). The state keeps your money.
What About Your Minor Children?
Intestacy NEVER nominates guardians for your children. Without a Will naming guardians, Florida courts decide who raises them based on statutory preferences (grandparents, aunts/uncles) or, worse, a contested guardianship hearing where relatives hire attorneys to fight for custody. This is the #1 reason parents with minor children need a Will—it’s the ONLY document where you can legally nominate guardians.
Don’t let Florida’s default laws decide your estate. Create a Will that reflects YOUR wishes.
Get Your Will Drafted TodayOur Will Preparation Process
Get your Florida Will prepared remotely—no office visit required. Former Senator John Grant personally drafts every Will, ensuring proper execution and current Florida law compliance. Here’s how it works from initial consultation to signed Will delivered to your door.
Free 15-Minute Consultation
Schedule a no-obligation phone or Zoom call. We discuss your family situation (married, children, blended family), your assets, who you want to inherit, and guardian nominations if applicable. Based on this conversation, we recommend a simple Will ($400-$600 for one person) or coordinated couple Wills ($800-$1,200) and provide a fixed-price quote upfront.
Outcome: Clear plan & exact cost
Complete Secure Online Questionnaire
We send you a secure form (10-15 minutes to complete) asking about beneficiaries, executor choice, guardian nominations, specific bequests (family heirlooms, jewelry), and any special instructions. Bank-level encryption protects your information. You can save progress and return anytime if you need to discuss decisions with family members.
Outcome: We have all information needed to draft your Will
Attorney Drafts Your Will
Former State Senator John Grant personally reviews your questionnaire and drafts your Will using current 2025 Florida Statutes Chapter 732 provisions. This is NOT template population or paralegal work—it’s custom legal drafting addressing your specific family dynamics and wishes. Your Will includes all required provisions (asset distribution, guardian nominations, executor appointment, residuary clause) plus Florida-specific language courts and institutions expect.
Turnaround: 5-7 business days
Review & Revisions
You receive your draft Will via secure portal for review. Read it carefully—this document controls what happens to your assets after death and who raises your children. Schedule a follow-up call to address questions or request changes. Want to adjust beneficiary percentages? Change guardian nominations? Add specific bequests? We revise until your Will perfectly reflects your wishes. Unlimited revisions included in your package pricing.
Outcome: Finalized Will ready for signing
Execution & Delivery
We mail your original Will with comprehensive execution instructions: “Sign in the presence of two adult witnesses (not beneficiaries). Witnesses must sign in your presence and each other’s presence—all three people together. Use a notary to create a self-proving affidavit (simplifies probate).” If you need help locating a notary, we can arrange mobile notary service at your location for reasonable additional fees. Once properly executed, store your original Will in a safe place (fireproof safe, safety deposit box, or attorney storage service) and provide copies to your executor.
Total Timeline: Most clients complete the process in 2-3 weeks from consultation to executed Will
Ready to protect your family with a properly drafted Florida Will?
Get Your Will Drafted Call (813) 787-9900Frequently Asked Questions
How much does a Will cost in Florida?
Do I need a lawyer to make a Will in Florida?
Can I write my own Will without a lawyer?
How often should I update my Will?
What happens if I die without a Will in Florida?
Who should I choose as my executor?
Can my Will be challenged in Florida?
Do I need a Trust if I have a Will?
Does my Florida Will work in other states?
What’s the difference between a Will and a Living Will?
Can I disinherit someone in my Will?
How do I change or update my Will?
Still Have Questions About Florida Wills?
Schedule a free 15-minute consultation with Former Senator John Grant
Get Your Free ConsultationGet Your Florida Will Drafted
Schedule your free 15-minute consultation with Former Senator John Grant. We’ll discuss your family situation, guardian nominations, and provide a fixed-price quote—no hourly billing surprises.
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