Putting your wishes in writing protects your family, your property, and your peace of mind. You do not need a big estate for a will to matter, and you do not need to be a certain age in life to get started. A short, clear document can keep your assets out of the wrong hands and help your loved ones avoid confusion.
At Zweben Law Group, we have deep roots in the community and a long history of helping people through hard times. We are sharing this guide to show you what a valid Florida will needs and how to make it count. Let’s walk through the basics in plain English, step by step.
Florida Will Requirements: An Overview
Florida law sets out a few simple rules that make a will valid. If you meet these rules, your will can be honored in court and used to carry out your wishes.
Age and Mental Capacity
You must be at least 18 years old, or an emancipated minor, to create a will. This rule comes from Florida Statute § 732.501.
You also need to be of sound mind at the time you sign, meaning you understand what a will is, what you own, who your family is, and what the document will do after you pass.
Written Document
Your will must be in writing. Typed or neatly handwritten works.
Oral declarations, voice notes, or unwitnessed handwritten instructions do not count in Florida. Those methods will not be accepted by a probate court.
Voluntary Act
Your will must be your free choice. No threats, pressure, or trickery.
If someone forced you to sign, a court can refuse to accept the document.
Signature and Witnesses
The will must be signed at the end by you, called the testator, or by someone signing for you while you watch and direct them. The signing or acknowledgment must happen in front of at least two attesting witnesses under Florida Statute § 732.502.
Those witnesses sign the will in your presence and in the presence of each other. Signing together prevents fights later about whether the will is real.
Here is a quick checklist of the signing flow that works well in Florida:
● Gather you and two witnesses in the same room.
● Say the document is your will, then sign at the end.
● Watch each witness sign, and each witness should observe the others’ signs.
● Keep the signed original in a safe, known place.
Key Elements to Include in Your Will
Every will should be clear about who gets what and who is in charge. The following parts help your loved ones move forward without confusion.
Beneficiaries
List the people or charities who will receive your property. Be clear with full names and relationships, like “my sister, Carla Jimenez.”
If you want backup beneficiaries, add them, too, in case someone passes before you.
Executor (Personal Representative)
In Florida, the person who manages your estate is called the personal representative. You choose this person in your will and give them authority to collect assets, pay bills, and distribute property under court supervision.
Florida has rules on who can serve. Keep these points in mind when naming your personal representative:
● Must be at least 18 and mentally capable.
● Cannot be a convicted felon.
● Should be a Florida resident, or a close relative if living out of state.
● Willing and able to handle paperwork, money, and deadlines.
Guardianship (If Applicable)
If you have minor children, name a guardian to care for them if both parents are gone. You can also name a backup guardian in case your first choice cannot serve.
Short notes about values or schooling can help guide your guardian, even if they are not legally binding.
Specific Bequests
If you want to leave particular items or amounts to a person or a charity, write those gifts out clearly. For example, “I give my grandfather’s watch to my son, Mateo,” or “I give $5,000 to Treasure Coast Hospice.”
When listing items, include a short description to avoid mix-ups later.
Residuary Clause
A residuary clause explains who gets everything not listed in your specific gifts. This clause catches forgotten accounts, refunds, or property you buy later.
Without this clause, leftover property could fall under Florida intestacy rules, which might not match your wishes.
With the main parts set, you can look at certain questions, like handwritten wills in Florida and how updates work down the road.
Holographic Wills and Florida Law
Florida does not accept unwitnessed holographic wills. A handwritten will can be valid only if it meets the same rules as any other will, including your signature and two attesting witnesses who sign in your presence and in each other’s presence.
If you plan to handwrite, take the same care with signing and witnessing as with a typed version. The safest route is to treat the signing like a formal ceremony.
Changing or Revoking Your Will
Life changes, and your will can change with it. You can revoke or update your will at any time before death as long as you still have capacity.
Florida gives you several ways to revoke a will under § 732.505 and § 732.506:
- Physically destroy the will, such as tearing or burning it with the intent to revoke.
- Sign a written statement that clearly revokes the will.
- Sign a new will that says it revokes prior wills, then follow the same signing and witness rules.
A codicil is a short document that changes part of your existing will. It must be signed and witnessed with the same formalities as the original will, or the change can fail in court.
Any time you marry, divorce, have a child, buy a home, start a business, or lose a loved one, it is smart to review your plan and see if it still fits your life.
Probate: What Happens After the Will is Written?
Probate is the court process that manages your estate after death. The court checks the will, appoints the personal representative, and supervises payment of debts and final distributions.
Here is a simple view of the typical probate path in Florida:
- File the will with the court and open the estate.
- Validate the will and confirm the personal representative.
- Collect and list assets, then notify creditors.
- Review and pay valid debts, taxes, and fees.
- Resolve claims and sell property if needed.
- Distribute what is left to the beneficiaries and close the estate.
Planning your will with these steps in mind can save time and stress for your family. Clear instructions and a capable personal representative make a real difference.
The above was a quick summary of how wills work in Florida. It is not intended as legal advice, as it is always best to consult a lawyer before executing any estate planning document.
Need Help Writing Your Will? Contact Us Today!
Zweben Law Group has served Stuart and the Treasure Coast community with care for decades, and we bring that same attention to your planning. We work hard to make your wishes clear, reduce family stress, and pursue the best results for you. Feel free to call us at 772-223-5454 or reach us through our Contact Us page with questions or to get started.
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