How to Make a Will in Florida

You can make a will in Florida yourself or with the assistance of a lawyer. A Will is important as it provides for all your loved ones who would be financially affected by your death and helps in reducing any fighting amongst your beneficiaries in the event of your death. You should have a will as it informs your beneficiaries of your wishes regarding what happens to your assets upon death.

What are the Steps to Create a Will in Florida?

The following are the Steps to Create a Will in Florida; –

1. Determine Your Assets.

You should have a list of all your Assets to ensure you don’t leave out any unaccounted-for assets.

2. Choose Beneficiaries.

You should choose your beneficiaries as the people who will be financially affected in the event of your death.

3. Appoint an Executor.

Appointing an Executor is essential as it is the person who will administer your estate per the wishes contained in your will. You should choose someone capable.

4. Select Guardians for Minor Children.

You should select a Guardian for Minor Children who shall be responsible for caring for and providing for them in your absence.

5. Draft the Will.

You should draft the Will, either yourself or with the assistance of a Lawyer, making sure to state clearly who gets your assets per your wishes.

6. Sign the Will.

The Will should be signed by you and in the presence of two competent witnesses who shall append their signature.

7. Notarize the Will (Optional).

You do not need to have your will notarized to make it valid. However, if you wish to have the Will notarized, you can sign a special affidavit before a notary accompanying the Will.

8. Store the Will Safely.

You should store your will in a safe place to not be destroyed or lost—a waterproof and fireproof safe in an ideal location.

9. Review and Update Regularly.

You should review and Update your Will every Three to Five years or after a significant life event.

What Happens if I Don’t Have a Will?

When you don’t have a Will, and you pass away, you will be deemed to have died intestate, and your estate shall be passed to your heirs according to Florida’s Intestacy Law.

What are the Requirements for Writing a last will and testament in Florida?

There are several requirements for Writing a last Will and Testament in Florida, which are; –

1. Legal Age.

You must be 18 years or older or an emancipated minor to be able to write a will.

2. Sound Mind.

You should be of a sound mind when writing a will, which is the capability to understand the nature of the testamentary act.

3. Written Document.

The will should be done in writing or typed or printed in person.

4. Clear intent.

You should have clear and specific language in your will to ensure everything is clear.

5. Signatures.

You should sign the Will to validate the content in the Will.

6. Witnesses.

You need at least two witnesses who are not interested in the Will to witness it.

7. Proper Formatting.

The will should be done in the proper format applicable to Florida laws.

8. No Undue Influence.

You should not be forced to make a Will or a bequest to a specific person. The bequest should be made out of your own free will and desire.

9. Compliance with State Laws.

The will should be compliant with Flordia’s probate laws.

10. Revocation Clauses (if applicable).

The revocation clause is essential as it appears at the beginning of revoking any previous will created.

How Often Should You Review and Update Your Florida Will?

You should review and update your Florida Will every three to five years or after a significant life event.

How to revise and update your will in Florida.

You can revise or update your Will in Florida by making a codicil, a document attached to the original will that acts as an amendment to specific provisions in the Will and follows the same formalities as a will.

What Makes a Will Valid in Florida?

A Will is made Valid in Florida by being signed by and in the presence of at least two witnesses who must sign the will in the presence of the testator and each other.

Can a Handwritten Will Be Valid in Florida?

Yes, a handwritten Will or do-it-yourself wills can be Valid in Florida by following all the state requirements.

How Do I Sign My Florida Will?

You should sign your Florida Will at the end of your will, in front of two witnesses, and your witnesses must sign your will in front of you and each other.

What Can I Include in an Online Will in Florida?

You should include an inventory of your assets, a list of your beneficiaries, gifts made to specific persons, your appointed executor, and a guardian for any Minor.

Types of assets covered in a Florida Will.

Assets that are covered in a Florida Will include Real estate property, Bank Accounts, Financial assets, vehicles, and personal belongings of the Testator.

Can I Revoke or Change My Will in Florida?

Yes, you can revoke or change your Will in Florida by having the will destroyed, making a new will or a codicil.

How do you Revoke or change your will in Florida?

You can revoke your Will in Florida by destroying the previous will and writing a New will that invalidates the earlier will. You can change your Will by making a codicil, a document attached to the original will that acts as an amendment to specific provisions in the Will and follows the same formalities as a will.

Can I Make a Digital or Electronic Will in Florida?

Yes, you can make a Digital or Electronic Will in Florida in accordance with the required law and have it valid.

Who Can Witness a Will in Florida?

In Florida, any generally competent person can be a witness to a Will.

Should My Will Name an Executor?

Yes, your Will should name an Executor who shall ensure that your last wishes are carried out and the estate is settled.

What are the Florida will executor requirements?

It is essential to appoint an executor for your will as it is their primary job to protect your assets and distribute them to your beneficiaries; the following are the executor requirements; –

1. Legal Age.

The executor must be at least 18 years old.

2. Sound Mind.

The executor must be of sound mind and is not deemed incapacitated by the Court.

3. Not a Convicted Felon.

Florida prohibits people who have felon convictions from serving as an executor.

4. No Conflicts of Interest.

You should not have any conflicting interest with the deceased who appointed you as an executor of his will.

5. Willingness to Serve.

As an executor, you should be willing to serve. You will be in charge of the deceased’s property, handling the debts and liabilities, and distributing the property to the beneficiaries.

6. Residency (Optional)

It is easier to appoint an executor who lives near you as they may have to deal with day-to-day matters for weeks or months.

7. Bond Requirements (if necessary)

When the executor is not a resident of Florida, they might be required to post a bond with the Court.

8. Compliance with Fiduciary Duties

As an executor, you must carry out your duties faithfully.

What Happens to a Will After Death in Florida?

The executor will handle any probate process.

What is the Impact of Marriage and Divorce on Your Florida Will?

A marriage automatically invalidates any pre-existing will unless the will expressly provides for a spouse or indicates the spouse will not inherit.

A finalized divorce revokes the apportionment of property to the former spouse that was bequeathed. At the same time, the couple is still married unless there is clear evidence that the testator wants to retain the legacy.

Do all Wills in Florida have to go through probate?

Yes, all Wills in Florida must go through probate, which instructs the court on how to distribute your estate.

Is Florida a community property estate?

No, Florida is not a community property state, which means that property acquired in marriage by either spouse is deemed to be separate property.

How is Florida intestate Succession done?

In Florida, your surviving spouse shall inherit half of your intestate property, and your descendants inherit the other half. 

How is Estate and inheritance tax in Florida done?

There is no inheritance tax in Florida.

What are the Differences Between a Simple Will and a Living Will in Florida?