How Do I Make a Will in Florida?

Creating a will in Florida is an essential step to protect your loved ones, ensure your assets are distributed according to your wishes, and make crucial decisions about your legacy. Without a valid will, your estate will be managed under Florida’s intestate laws, which may not align with your personal preferences. Here’s everything you need to know about creating a legally valid will in the Sunshine State.

Why Should You Create a Will in Florida?

Creating a Florida will, also known as a "last will and testament," lets you:

• Assign property to specific individuals or organizations.
• Name a guardian for your minor children.
• Appoint someone to manage property for minors.
• Select a personal representative (executor) to carry out the wishes outlined in your will.

A Florida will ensures your family is protected, your wishes are respected, and your legacy is preserved.

What Are the Key Requirements for a Valid Florida Will?

To create a valid will in Florida, you must meet these conditions:

• Age and Mental Capacity: You must be at least 18 years old (or an emancipated minor) and possess sound mind and memory, meaning you understand your decisions and their implications.
• Written Form: Your will must be in a tangible format (handwritten or typewritten).
• Voluntary Creation: Your decision to execute the will must be entirely free from coercion or pressure.
• Witnesses: You must sign your will in front of two competent witnesses, who will also sign it in each other’s presence.

What are the Florida Witness and Notarization Guidelines?

In Florida, your will is considered valid if it is signed by you and two witnesses. Since July 2020, Florida law also permits electronic wills, which can be executed and witnessed remotely. While notarization isn’t required to make your will valid, it’s a good idea to have it notarized. A notarized will becomes “self-proving,” which speeds up the probate process by eliminating the need for witness testimony. To do this, you and your witnesses must sign a self-proving affidavit, which is then notarized.

Is It Possible to Write My Will by Hand?

Holographic wills, which are fully handwritten documents, are only considered valid in Florida if they meet all the other legal requirements. This means that, like any other will, a handwritten will must be signed by you and two witnesses to be recognized by the state. Without the proper signatures, a holographic will is not enforceable in Florida, regardless of whether it is entirely in your handwriting. It’s essential to ensure that all legal criteria are carefully followed to avoid complications during the probate process.

How Do You Change Your Will in Florida?

Revoking a Will

To revoke a will, you can:

• Write a signed and witnessed statement formally revoking the will.
• Physically destroy the document by tearing or shredding it.
• Create a new will that explicitly states it revokes all previous wills.

Updating a Will with a Codicil

For minor changes, you can use a codicil. A codicil is a legally binding amendment to your existing will. It must be properly signed and witnessed, just like the original will. You can revoke a codicil by destroying it. This does not affect your will.

What Are the Rules for Choosing an Executor in Florida?

The executor (termed "personal representative" in Florida) is responsible for managing your estate through probate and ensuring your will is carried out. Florida’s guidelines for an executor include:

• Must be at least 18 years old, capable of fulfilling duties, and free of felony convictions.
• Must be a Florida resident, or a close relative by blood, adoption, or marriage.

To simplify the probate process, many choose residents of Florida as their executors.

What Are Florida Intestate Succession Laws?

If you pass away without a will ("intestate"), Florida’s laws dictate how your estate will be distributed:

• Married with children: Your spouse typically inherits at least half of the estate, with the remainder going to your children.
• Unmarried: Your assets pass to your children, parents, siblings, or extended family, in descending order of closeness.
• No relatives: If no relatives can be located, your estate is passed to the state of Florida.

Relying on these default laws may lead to outcomes that do not reflect your intentions. A Florida will ensures you have control over your legacy.

Why Use BetterEstate for Your Florida Will?

Creating a Florida will doesn’t have to be complicated or expensive. BetterEstate offers you the tools to create a secure, lawyer-quality will in as little as 20 minutes. With our user-friendly platform, you can:

• Receive step-by-step guidance to tailor your will to Florida’s requirements.
• Access clear instructions for witnessing and notarization.
• Revise and update your will anytime to reflect life changes.

The best part? BetterEstate is free, private, and trusted by over 1 million users. Begin preparing your Florida will now and gain peace of mind knowing your loved ones and legacy are protected.

Why Is Probate Important in Florida?

Probate is the legal process through which your estate is settled after you die, whether or not you have a will. Here’s how it works in Florida:

1. Your will is filed with the court within 10 days of death.
2. The court validates your will and appoints the personal representative.
3. Your executor notifies beneficiaries and creditors, pays debts from your estate, and distributes assets.

Having a valid, self-proving will simplifies this process for your loved ones, reducing both cost and time. If you want to contest a will in Florida you have three months from the probate court notice to do so.

Can AI Help Me Create a Better Will in Florida?

Sure! AI tools like Alice, our Estate AI assistant, streamline the process of creating a personalized will. While they are not a replacement for professional legal advice, AI-powered tools provide valuable guidance to help you draft a clear and legally valid will. This ensures that your estate planning is both efficient and stress-free.

Alice employs advanced technology to customize advice based on your unique circumstances. From designating beneficiaries to ensuring all your assets are accounted for, it addresses every critical detail. You can easily ask questions, receive instant responses, and stay informed about the latest legal updates—all from the comfort of your home, without the need for expensive consultations.

How Do You Make a Will in Florida?

If you don’t have a last will and testament, now is a great time to make one — and the process might be easier than you think! Here are the steps to write a will in Florida:

1. Choose how to create your will. Depending on your circumstances, you can either use an online will-making service like BetterEstate, which ensures your will complies with Florida laws, or consult a lawyer for professional assistance.
2. Select beneficiaries for your assets. Decide who will inherit your property after your passing. This could include individuals, organizations, or even charitable donations if you wish to leave a legacy.
3. Appoint guardians for your minor children or pets. If applicable, ensure their future care by naming trusted guardians in your will.
4. Name an executor for your estate. This individual will be responsible for working with the probate court to ensure your wishes are carried out.
5. Sign your will with witnesses, as required by Florida law. For instance, Florida law mandates that you sign in the presence of two impartial witnesses, who must also sign the document. While notarization is not required, it can be helpful for added assurance, and Betterestate makes the process simple and convenient.
6. Store your will securely. Keep it in a safe location and inform your executor where it can be found.
7. Review and update your will as needed. Make changes to reflect new circumstances, such as altered wishes or changes in your assets.

By following these steps, you can create a simple will that meets the legal requirements in Florida. With today’s technology, it’s never been easier or more affordable to create a legally-binding will online. Using a reputable online will-maker like FreeWill is a great option if you want to make your will for free without falling into the common pitfalls of a handwritten will.