Creating a Will in Florida: Step-by-Step Process
Important: This guide is for educational purposes only and does not constitute legal advice. In Florida, only a licensed attorney can draft a valid will that complies with state law. The steps below are meant to help you understand the estate planning process and prepare for your consultation.
Creating a will is more than stating your wishes – it involves following strict legal requirements to ensure the will holds up in court. Florida law governs how wills must be written, signed, and witnessed. Mistakes or informal documents can result in delays or invalidation. This outline shows what to expect when working with an attorney and how to prepare effectively.
A will is a legal document that outlines how your assets should be distributed after your death. In Florida, a valid will ensures that your property, finances, and personal belongings go to the individuals or organizations you choose. It also allows you to name a personal representative (executor) to manage your estate and carry out your wishes. Without a will, the state decides how your estate is handled, which can lead to unintended outcomes and family disputes.
Creating a will is a critical part of estate planning in Florida. It gives you control over who inherits your property and who will care for any minor children. A properly drafted and witnessed will can help your loved ones avoid unnecessary stress and legal complications. Florida law has specific requirements for a will to be valid, so working with an estate planning attorney ensures your will meets all legal standards and accurately reflects your final wishes.
Step 1: Determine What You Own
- Inventory Assets – List real estate, personal property, financial accounts, business holdings, and valuables
- Include Digital Assets – Identify online accounts, cryptocurrency, domain names, or monetized platforms
- Identify Beneficiaries – Decide who will inherit what
- The Attorney’s Role: They help you clarify which assets pass through the will versus non-probate transfers like beneficiary designations or joint accounts
Step 2: Choose a Personal Representative
- Executor (Personal Representative) – Appoint someone to carry out the instructions in your will
- Trustworthiness Matters – Choose someone responsible, organized, and ideally in-state
- Alternate Representative – Always name a backup
- The Attorney’s Role: They will confirm your chosen representative meets Florida’s legal qualifications and can serve without conflict
Step 3: Draft the Will
- Be Clear and Precise – Ambiguity can lead to disputes or invalidation
- Include Guardianship for Minors – If applicable, name who will care for your children
- The Attorney’s Role: They prepare the entire document with correct legal language and ensure it reflects your wishes while complying with Florida law
Step 4: Execute the Will Properly
- Two Witnesses Are Required – You must sign in the presence of two competent adult witnesses
- All Must Be Present – The signing must happen together, in the same room
- Witnesses Should Not Be Beneficiaries – To avoid future legal challenges
- The Attorney’s Role: Your attorney arranges the witnesses and ensures proper execution, avoiding technical errors that could invalidate the will
Step 5: Make the Will Self-Proving
Florida allows a will to be “self-proving,” which eliminates the need to track down witnesses after death, simplifying probate significantly.
- Attach a Self-Proving Affidavit – A sworn statement signed by you and your witnesses
- Notarization Required – Must be signed in front of a Florida notary public
- The Attorney’s Role: Your attorney prepares the affidavit and arranges for proper notarization to ensure your will is ready for court without delay
Step 6: Store the Will Safely
- Keep the Original Copy – Florida probate courts require the original document
- Tell Your Personal Representative – Make sure they know how to access it
- Avoid Safe Deposit Boxes – These may require a court order to access
- The Attorney’s Role: Many attorneys offer to securely store the original will at their office and provide certified copies to the client
Florida Validity Tips
- Handwritten Wills – Not accepted in Florida unless witnessed properly
- Oral Wills – Never valid, even if witnessed
- Ongoing Updates – A will should be reviewed every few years or after life changes
- The Attorney’s Role: Your attorney will advise when changes require a codicil (amendment) or a full rewrite
“Your will isn’t just a document, it is your voice when you’re no longer here. An attorney ensures that voice is heard clearly and legally.”
Related Planning Tools
Strengthen your estate plan with additional documents and protections:
Avoiding Probate Is a Primary Goal of Estate Planning
Probate is slow, public, and expensive.
Good estate planning uses tools like revocable trusts, beneficiary designations, joint ownership, and properly drafted wills to either bypass probate entirely or streamline it.
Clients want to save their family time, money, and stress, and a smart estate plan does exactly that.
- ✓ A Proper Will Alone May Not Avoid Probate – But It’s a Critical Step
While a will still goes through probate, having one ensures your wishes are followed. Without a will, Florida intestacy laws decide everything and that can cause conflicts and delays. - ✓ A Good Attorney Helps You Use the Right Mix
A qualified attorney knows when to use trusts, lady bird deeds, POD accounts, and will clauses to strategically minimize probate impact.
This page is meant to help you understand what goes into creating a will in Florida, but it is not legal advice. Every individual’s situation is different. For a legally binding will that protects your wishes, consult a qualified Florida estate planning attorney.
Creating a Will in Florida: Common Questions Answered
Your personal representative (executor) should be someone trustworthy, responsible, and preferably a Florida resident. You should also name a backup. Your attorney will verify that your chosen representative meets Florida’s legal requirements.
Florida courts require the original will for probate, so keep it in a safe, accessible place. Avoid safe deposit boxes, which may need a court order to access. Many attorneys offer secure document storage and provide certified copies to you or your representative.
A self-proving will includes a notarized affidavit signed by you and your witnesses. It allows the will to be admitted to probate without needing to locate witnesses later, making the process faster and more efficient.
While a will alone does not avoid probate, using tools like revocable living trusts, payable-on-death accounts, and properly titled property can help bypass or streamline the probate process. An attorney can structure your plan to reduce time, cost, and stress.
A valid Florida will must be written, signed by the testator in the presence of two competent adult witnesses, and all parties must sign together in the same room. Witnesses should not be beneficiaries to avoid legal challenges.
No. Florida does not accept oral wills under any circumstance. Handwritten wills are only valid if they meet all formal requirements, including proper witnessing. Informal or unwitnessed documents will not hold up in probate.