Florida’s will laws can be confusing, leading many people to avoid creating this fundamental estate planning document. Understanding the purpose of a will in Florida and the legal requirements is often the first step to ensuring that your assets and wishes are carried out for your estate.
The Purpose of Having a Will in 2026
While only 24% of Americans have a will, it is one of the optimal ways to provide instructions on how you want your estate to be distributed. Your will can be tailored to fit your assets and other wishes you would like to convey. Your lawyer can work with you to include information such as:
- Family and beneficiaries. Florida will laws allow you to designate your beneficiaries, whether family or other individuals, who you would like to receive your inheritance. Without a will, your inheritance will follow Florida’s order of inheritance, regardless of your preferences.
- Asset distribution. Your will provides instructions on how you would like your assets to be distributed amongst your beneficiaries. You can include your real estate, bank accounts, vehicles, personal belongings, and other assets.
- Your personal representative. In your will, you can appoint a personal representative who will be responsible for carrying out your wishes. A personal representative is also called an executor.
- Guardianship for minor children. If you have children under 18, you can include instructions for who you would like to care for your children if you pass away before they reach adulthood.
- Charitable gifts. If you would like to donate some of your assets, your will can include which charities you wish to support and how much of your assets you want to allocate to each.
How Are Your Assets Distributed With a Will
Florida law outlines certain requirements regarding which assets can be distributed through a will and how it is done. Before your assets are distributed to your beneficiaries, Florida law requires that your personal representative ensure certain costs are paid, which can include:
- Legal costs, such as probate attorney fees
- Funeral expenses
- Federal estate taxes
- Claims by creditors
- Medical expenses from the last 60 days of your life
- Outstanding child support payments
Some types of assets can’t be transferred through a will. Your lawyer can determine what assets will transfer automatically to your beneficiary and what may need a different form of estate planning document. Types of assets that are not covered by a will are:
- Retirement accounts or life insurance policies with named beneficiaries
- Joint-owned property with rights of survivorship
- Payable-on-death (POD) or transfer-on-death (TOD) accounts
- Assets covered by a trust
Why You Should Hire a Will Lawyer
Writing a will can seem unnecessary or tedious, leading many Floridians to procrastinate writing a will. In fact, 43% of adults without a will state they “just haven’t gotten around to it.” If you’re avoiding making a will, a Florida will lawyer can make the process of writing a will less daunting and help you get it done.
A lawyer can evaluate your estate and determine how to distribute your assets and debts. They can identify a comprehensive list of your assets, ensuring that everything is addressed in your will. If you have any debts, such as mortgages or personal loans, your lawyer can create a plan to ensure that your debts are addressed without transferring the burden onto your beneficiaries.
If you need to adjust or revoke a will, a will lawyer can help you. A lawyer can address updated assets, fix errors, or change how you would like your estate to be managed by creating a new will and revoking the original. With more minor changes, the inclusion of a codicil amends your current will while keeping the details of your will.
FAQs
What Are the Requirements for a Valid Will?
There are many requirements for a valid will in Florida. You must be an adult of sound mind when you sign your will, and your will must be written, must have your signature, and must be witnessed and notarized. A Florida will lawyer can ensure your will meets these requirements and is thorough and clearly written, reducing the chance of will disputes about your wishes.
Is a Handwritten Will Valid in Florida?
Yes, a handwritten will can be valid, but it must meet strict requirements. The will must be in your own handwriting, have your signature, and be signed by two witnesses. Handwritten wills can lead to a will dispute if your terminology is unclear or incorrect. It is difficult to write a comprehensive and valid will, but if you hire a will lawyer, they can ensure its validity.
What Is the Order of Inheritance?
If you die without a will in Florida, your inheritance will pass to a spouse, then to descendants. If you have no surviving spouse, children, or grandchildren, the inheritance will go to parents, siblings, then to more distant relatives. In a will case, you can ensure that your inheritance is distributed how you would like, including who you would like to give your inheritance to and how much of your assets are given to each person.
Do All Wills Need to Be Filed With the Court in Florida?
Within 10 days of learning of your death, your will needs to be filed with the Clerk of the Circuit Court in your county. The person who holds the original will, not a copy, is called the custodian and can file your will. They will also need the last four digits of your Social Security Number or your date of death to file your will.
Speak With a Florida Will Lawyer Today
From making inheritance decisions to understanding the strict legal standards, writing a will can be a stressful ordeal. A Florida will attorney can take the guesswork out of writing a will, leaving you confident in your plan for your estate. Caporicci & Tinari Law, PLLC, has years of experience helping individuals estate plan, ensuring their loved ones are provided for even after death. Contact us today to learn how a will lawyer can help you write a will.
