Florida Last Will and Testament

What a Florida will controls — and what it does not

A will governs the property that passes through probate: assets titled in your name alone with no beneficiary designation. It does not control life insurance or retirement accounts with a named beneficiary, jointly owned property with survivorship, pay-on-death accounts, or anything already inside a trust. Those pass by their own paperwork, which is why a will and your beneficiary designations have to agree.

Inside the will you name a personal representative (Florida’s term for executor), alternates, guardians for minor children, and the shares each beneficiary receives. Florida limits who may serve as personal representative: a Florida resident, or a close relative who lives elsewhere (§733.302–§733.304).

How a Florida will must be signed (§732.502)

Florida’s execution rule is strict and simple: the will must be in writing, signed by the testator at the end, in the presence of two attesting witnesses who sign in the presence of the testator and of each other. A will that misses any part of that sequence is not a Florida will. Handwritten wills without witnesses and oral wills are not recognized.

The self-proving affidavit (§732.503) is a separate page signed before a notary by the testator and both witnesses. It is optional, and it is the reason the witnesses never have to be found and brought to court later. Our will master includes it; the signing instructions walk through the order.

Florida also recognizes electronic wills signed under Chapter 732’s electronic-will rules with a qualified custodian. The document we prepare is the traditional paper instrument, signed with pen and ink, which every Florida court, bank, and title company accepts.

The Florida rules that shape a will

• Homestead. If you are survived by a spouse or a minor child, Florida’s constitution restricts how your homestead can be devised (§732.401, §732.4015). A will that ignores this is not void, but the homestead passes as the statute says, not as the will says. Our master carries the homestead acknowledgment so the plan and the law agree.
• The elective share. A surviving spouse may claim 30% of the elective estate regardless of the will (§732.2065). A will cannot disinherit a spouse without a valid waiver.
• Pretermitted heirs. A child born or adopted after the will, or a spouse married after it, receives a statutory share unless the will provides otherwise (§732.301, §732.302).
• Guardians. A parent may nominate a guardian for minor children in the will; the court considers the nomination when it appoints (§744.312(3)(c)).

Will or trust?

A will alone means the estate goes through probate. For many Floridians with a home, an account or two, and named beneficiaries elsewhere, that is a manageable, predictable process — often a summary administration. When you want to avoid probate, plan for incapacity, keep the plan private, or control when younger beneficiaries inherit, a revocable living trust with a pour-over will is the usual structure. Read the comparison before you choose.

Related reading

• Florida will requirements (§732.502) →
• Will vs. living trust in Florida →
• Why you need a will in Florida →
• How much does a will cost in Florida? →
• The Florida pour-over will →
• The Will-Based Plan package →

General information about Florida law, not legal advice.