Last Will and Testament

Last Will and Testament in Florida

Many people prefer not to think about life after they are gone, but at some point, we just have to. Creating a last will is one of the most important things you can do for your family. A will is your chance to make your wishes clear and ensure the people you care about are taken care of when you pass away. Without one, Florida’s intestate laws govern who gets your belongings, and that might not match your wishes.

How Does a Will Work in Florida?

In Florida, there are specific rules for making a valid will as set out in Florida Statute 732.502:

• Written and Signed: The testator must sign the will at the end. If they cannot, another person may sign in their presence and at their direction.
• Two Witnesses: The will must be signed by two witnesses in the testator’s presence and in each other’s presence.
• No Handwritten or Oral Wills: Florida does not recognize holographic (unwitnessed handwritten) or nuncupative (oral) wills.
• Out-of-State Wills: Wills valid under another state or country’s laws are recognized in Florida.
• Notarization: Not required, but a self-proving affidavit can simplify probate.

Why Do You Need a Will?

A will puts you in charge of what happens to your assets, including your house, savings, or personal items. If you have minor children, a will lets you name a guardian to take care of them. A will also helps avoid family tussles in court after you are gone.

Can You Change Your Will?

Life changes, and your will should, too. If your situation changes, like getting married or having children, you can add to your will using a codicil or write a new one. Just make sure any updates follow Florida’s rules, including signatures and witnesses.

Start Planning Today

A will is created to protect your assets as well as the people you care about. Contact us today for legal assistance in creating or amending a will.