A Last Will & Testament is not just for retirees or the wealthy. In Florida, every adult should have a Last Will, because if you do not, the State of Florida has already written one for you. Chances are, it does not match your wishes.
A properly prepared Last Will lets you decide who receives your property, who raises your minor children, who handles your affairs, and even who cares for your pets. Without one, those deeply personal decisions are left to Florida law and, ultimately, a judge.
What a Last Will Does for You
A Florida Last Will allows you to:
- Name beneficiaries to receive your property
- Appoint a guardian for minor children
- Provide for the care of pets
- Choose a personal representative (executor) to handle your estate
- Direct how debts, expenses, and taxes should be paid
Without a Will, your estate is distributed under Florida’s intestate succession laws, which follow a rigid formula that may not reflect modern families, blended families, or unmarried partners.
Florida Last Will Requirements
To create a valid Last Will in Florida, you must:
- Be at least 18 years old (or an emancipated minor)
- Be of sound mind, meaning you understand what you own, who your beneficiaries are, and what your Will does
- Make the Will voluntarily, free from pressure or undue influence
- Put the Will in writing (typed or handwritten)
Witness Requirements
Florida has strict signing rules:
- You must sign your Will at the end of the document
- Two witnesses must watch you sign (or hear you acknowledge your signature)
- The witnesses must sign in the presence of you and each other
Should a Last Will Be Notarized?
A Last Will does not have to be notarized to be valid in Florida. However, most Wills include a self-proving affidavit, signed by you and your witnesses before a notary. This allows the Will to be admitted to probate without tracking down witnesses later, saving time and expense.
Are Handwritten (Holographic) Wills Valid?
A handwritten Will is only valid in Florida if it meets all the same requirements as a typed Will, including proper witnessing. Simply writing your wishes on paper without witnesses is not enough.
Choosing Your Personal Representative
Your personal representative (executor) is responsible for managing your estate through probate.
In Florida, this person must:
- Be at least 18 years old
- Be mentally and physically able to serve
- Not have a felony conviction
- Either be a Florida resident, or a close family member (spouse, sibling, parent, child, or certain relatives)
Choosing the right person is critical. They will handle finances, communicate with beneficiaries, and work with the court.
Changing or Revoking a Last Will
You can change or revoke your Last Will at any time while you are alive and competent.
You may revoke a Last Will by:
- Physically destroying it (tearing, burning, shredding)
- Signing a written revocation with proper witnesses
- Creating a new Last Will that cancels prior ones
You can also make changes using a codicil, but multiple codicils can create confusion. Often, it is cleaner to prepare a new Last Will.
What Happens During Florida Probate?
Probate is the court-supervised process of settling your estate. In general:
- Your Last Will & Testament is filed with the court
- A personal representative is appointed
- Assets and debts are identified
- Creditors are notified and paid
- Remaining property is distributed to beneficiaries
If there is no Last Will, Florida law decides who inherits.
What If You Die Without a Last Will?
Dying “intestate” means Florida statutes control everything.
Generally:
- A spouse receives a large share-sometimes all
- Children share in the estate, depending on family structure
- If there is no spouse or children, assets pass to parents, siblings, or extended relatives
- If no relatives can be found, the State of Florida receives the estate
Unmarried partners, stepchildren, close friends, and charities receive nothing unless named in a Last Will.
Spousal Rights in Florida
Florida is not a community property state. However, a surviving spouse has strong protections, including the right to claim an elective share – typically 30% of certain estate assets – even if left out of the Last Will.
Estate and Inheritance Taxes
Florida does not have a state estate or inheritance tax.
However, large estates may be subject to federal estate tax. Federal exemption amounts are scheduled to change in coming years, making planning important for higher-net-worth families.
How to Get Started
Creating a Florida Last Will & Testament typically involves:
- Listing your assets
- Choosing beneficiaries
- Naming guardians for minor children
- Selecting a personal representative
- Properly signing with two witnesses
- Storing the will in a safe place and telling your representative where it is
The Bottom Line
A Last Will is one of the most important legal documents you will ever sign. It protects your family, preserves your wishes, and prevents unnecessary court complications.
Without a Last Will & Testament, the State of Florida makes those decisions for you.
With one, you stay in control – even after you are gone.
The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.
If you have any additional questions regarding the foregoing or have any legal issues or concerns, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.