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Estate planning is an important part of preparing for the future. Although it may be unpleasant to think about the end of your own life, putting a plan in place is a gift for your loved ones. A last will and testament is an essential element in the estate planning process, and each state has its own laws regarding wills. Florida residents can make sure they are prepared by learning about Florida requirements for last will and testament documents.
What Is a Last Will and Testament?
A last will and testament is a legal document that specifies what you want to have happen to your belongings, both physical and financial assets, upon your death. You can list specific assets, such as family heirlooms and collectibles, and who should receive them. You can also designate percentages of your estate for individual beneficiaries.
Creating a will is one of the simplest and most important things you can do to protect your legacy and make sure that everything you’ve worked for benefits the people you care about most. Despite this fact, the majority of Americans do not have a will in place, with only 24% reporting that they did in 2025.
A will can work in conjunction with other estate planning documents, such as a trust or a power of attorney, to create a cohesive estate plan that allows your assets to transfer smoothly when you pass away.
For example, if you have assets that you want to pass down to a minor who cannot legally manage property on their own, you can include the creation of a testamentary trust in your will. Upon execution of your will, the assets will transfer into the trust, and a designated trustee can manage them for the minor beneficiary until they come of age.
What Is Required for a Will to Be Valid in Florida?
It may seem like it should be extremely simple to create a will, but it is not as easy as writing down everything you own and listing who gets what after you’re gone. Each state has its own laws regarding the construction and validity of wills. For a last will and testament to be valid in Florida, the following requirements must be met:
- The person making the will must be at least 18 years old or an emancipated minor.
- The will must be in writing. Florida does not consider any verbal will, called a nuncupative will, to be legally binding.
- The document must be signed by the person making it, called the testator. If the testator cannot sign their own name, another person must sign it for them in the testator’s presence.
- The will must be signed in the presence of at least two witnesses, and those witnesses must sign the will in each other’s presence.
In addition to nuncupative wills, Florida also does not consider holographic wills to be legally binding. A holographic will is a handwritten document, in the testator’s handwriting, that is signed by the testator, but not by any witnesses. A handwritten will can be valid, but it must be witnessed and signed.
Why Should You Make a Will?
When a person passes away without a will, it can create a lot of trouble for the person’s surviving family members. A will takes the confusion out of the situation by making it clear what your wishes are, thereby bypassing any internal discussions about what you may have wanted. A valid will is also an enforceable legal document, so you can rest assured that your assets go where you want them to go after you are gone.
If you do not have a will when you die, your estate goes through the process of probate, and then your remaining assets are distributed among your surviving family members according to the order established in Florida law. If you want specific items or money to go to certain family members, friends, or others, putting those directives in a witnessed will makes it so that your wishes are legally enforceable and can be honored by your loved ones.
FAQs
Can a Will Be Modified Once Enacted?
Yes, you can modify your will after it has been enacted. In fact, you can do this as many times as necessary. Life changes happen. People gain or lose assets, and family relationships evolve. If you need to change your will, you can simply contact your estate planning lawyer, have the changes made, and sign the new version.
What Is the Difference Between a Will and a Trust?
A will is a document that delineates where you want all of your assets to go after you pass away. A trust is a financial arrangement that transfers ownership and control of assets you put into it. Trusts are a tool people can use to allow their assets to pass to beneficiaries without going through probate, and some trusts allow assets to be exempt from estate taxes, as well.
What Is Probate?
Probate is a legal process concerned with distributing a deceased person’s assets. During probate, all of the deceased person’s assets are gathered, and outstanding debts are paid using those assets. After the debts are paid, the remainder of the person’s estate is distributed according to the instructions in their will.
Does a Will Need to Be Written in Formal Language?
No, a will does not need to be written in formal language or with any prescribed format in order to be considered valid in Florida. A will can be written using any words or structure, and it can be typed or handwritten. As long as the testator is over 18 and of sound mind, and the will is witnessed, Florida law considers it valid.
Need Legal Advice? Hire an Estate Planning Lawyer
If you are thinking about any estate planning activities, including writing a will, it is wise to hire an estate planning lawyer to help you do it correctly. At the Law Office of Douglas A. Oberdorfer, P.A., we have over 20 years of experience helping our clients preserve their legacies. Contact us today to begin your estate planning process.
