How to Create a Will in Florida: Step by Step Guide

Creating a Last Will and Testament Florida is a crucial step in planning for your future. A will honors your wishes after you pass away. A will allows you to distribute your property, name guardians for minor children, and specify your final wishes.

This comprehensive guide will walk you through the process of creating a will in Florida. Covering everything from Florida will require common mistakes to avoid.

Having a well-drafted will is especially important to protect your business interests and personal assets. Planning for your future often involves considering whether to make a will or trust. This guide will explore both options, helping you understand which might be best for your situation.

Need help with your will? Contact our experienced estate planning attorneys in Tampa Florida today for a consultation. (813)773-5105

Understanding How to Create a Will in Florida

What is a Will?

A will is a legal document. It divides your assets according to your wishes after you die. This process follows Florida estate laws. It also allows you to:

• Name an executor of will to manage your estate.
• Appoint a guardian for minor children.
• Specify funeral arrangements.
• Create a trust for beneficiaries.
• Leave instructions for your surviving spouse.

Legal Requirements for a Valid Will in Florida

To be valid in Florida, a will must meet specific legal requirements:

• In Writing: Florida law does not recognize oral wills (nuncupative wills) except under limited circumstances for military personnel.
• Testator Capacity: The testator (the person making the will) must be of sound mind and at least 18 years old. This also means you have mental capacity. According to Florida Statute 732.501, “Capacity of testator,” the individual must understand the nature and extent of their property, the natural objects of their bounty, and the nature of the testamentary act.
• Signature: The testator must sign the will in the presence of two witnesses.
• Witnesses: Two competent witnesses must be present when the testator signs the will and must also sign the will. Florida Statute 732.502, “Execution of wills,” outlines the required formalities for a valid will execution.

Failing to meet these requirements can invalidate your will. Florida’s intestacy laws may distribute your assets. These laws might not align with your wishes. To create a will contact our estate planning attorneys.

Do you have questions about Florida will requirements? Our will lawyers near me can provide expert guidance. Create a will today: (813)773-5105

Step-by-Step Guide to Creating a Will in Florida

1. Gather Information

Before you start writing your will, gather information about your assets, including:

• Real estate
• Banking accounts
• Investments
• Vehicles
• Personal property
• Insurance companies and policy information

You’ll need to decide who you want to name as your beneficiaries and executor. If applicable, you’ll also need to choose a guardian for your minor children. For more information on how to create a will contact our experienced attorneys.

2. Choose a Will Format

You have several options for creating your will:

• How to make a will yourself (DIY Will): You can find Florida will forms online or at office supply stores. However, this option is best suited for simple estates.
• How to create a will online: Several online services offer will creation tools. These can be a convenient option but may not be suitable for complex situations.
• Hire an Attorney: For complex estates or if you need personalized advice. Hire an estate planning attorney near me to create a will. According to a recent study, individuals who used an attorney for estate planning reported a 95% satisfaction rate. Compared to 60% for those using online services.

3. Draft Your Will

Your will should include the following:

• Identification: State your full name and address.
• Revocation of Prior Wills: Clearly state that this will revokes any previous wills.
• Appointment of Executor: Name the person you want to manage your estate. People also refer to this person as the will and testament executor or personal representative.
• Beneficiary Designations: Clearly identify your beneficiaries and what you want each to inherit.
• Guardianship (if applicable): Name a guardian for any minor children.
• Signature: Sign your will in the presence of two witnesses.
• Witness Attestation: Have your witnesses sign the will, stating they witnessed your signature.

Can you write your will and have it notarized? Florida does not require notarization for a will to be valid. However, it can help with the proving affidavit, which admits the will to probate. A notary public can notarize your signature.

4. Safeguard Your Will

Keep your original will in a safe place, such as a fireproof safe or safe deposit box. Ensure that your executor knows where to locate it. You can also provide a copy to your will attorney near me.

5. Review and Update Regularly

Review your will regularly, especially after major life events like marriage, divorce, or the birth of a child. You can make changes to your will through a codicil or by creating a new will.

Ensure your will is legally sound and reflects your wishes. Consult with our attorney for wills near me for expert advice. Create a will now: (813)773-5105

Common Mistakes to Avoid When Creating a Will in Florida

One common mistake people make when trying to make a will in Florida is not adhering to the state’s specific requirements.

• Not having a will at all: This can result in Florida intestacy laws distributing your assets. These laws may not reflect your wishes. According to the Florida Probate Code, if you die intestate (without a will), your assets will be distributed according to a predetermined formula based on your family relationships.
• Using an outdated will: Make sure your will is up-to-date and reflects your current wishes.
• Not following Florida’s legal requirements: This can invalidate your will.
• Ambiguous language: Use clear and concise language to avoid confusion.
• Not considering potential challenges: Someone can challenge a poorly drafted will in court.
• Putting off creating a will: One of the biggest mistakes is assuming you have plenty of time. Unexpected events can happen, making it critical to address ‘when should you create a will’ proactively, rather than reactively.

Our experienced probate attorneys can help you avoid these mistakes and create a will that protects your legacy. (813)773-5105

How Much Does it Cost to Create a Will in Florida?

The cost of creating a will in Florida depends on several factors. These include the complexity of your estate and whether you hire an attorney.

• Online Will Services: These services typically charge a fee, which may be a one-time fee or a subscription.
• Attorney Fees:  Lawyers that do wills near me may charge an hourly rate or flat fees for will preparation.

Factors that can affect attorney fees:

• Complexity of your estate
• Estate planning documents you need (will, trust, power of attorney, etc.)
• Attorney’s experience and location

Benefits of Hiring an Estate Planning Lawyer

While you can create a will yourself, there are many benefits to hiring an estate planning lawyer:

• Peace of mind: Knowing your will is legally sound and reflects your wishes.
• Expert advice: An attorney can help you navigate complex estate planning issues. They can also ensure your will meets all Florida will requirements.
• Minimizing estate taxes: An attorney can help you minimize estate taxes and maximize the inheritance for your beneficiaries.
• Avoiding probate: An attorney can help you structure your estate plan to avoid probate. Probate can be a lengthy and expensive process.
• Protecting your loved ones: A well-drafted will can help protect your loved ones from financial hardship and legal disputes.

While some may wonder ‘How do I create a will on my own?’, an estate planning lawyer provides invaluable assistance, ensuring your will is legally sound and tailored to your specific situation.

Conclusion

Creating a will is an essential part of estate planning. Following the steps in this guide ensures you carry out your wishes. Seeking professional legal advice when needed will protect your loved ones.

Contact our law firm in Tampa Florida today to schedule a consultation with our knowledgeable estate planning attorneys. Make a will near me today: (813)773-5105

FAQs

1. How do you create a will?

You can create a will by drafting it yourself, using an online will service, or hiring an attorney. Ensuring your will meets all Florida will requirements is important for it to be valid, a maker of will should abide by guidelines. It is highly recommended to rely on an experienced attorney to create a will.

2. What is a living will form Florida?

A living will form in Florida is a separate document. It outlines your wishes for medical care if you become unable to make decisions. It differs from a last will and testament.

3. Who is the will and testament executor?

The will and testament executor is the person you name in your will to manage your estate after your death. They are responsible for distributing your assets according to your wishes.

4. What happens if I die without a will in Florida?

If you die without a will in Florida, Florida’s intestacy laws distribute your assets. This may not be how you want your assets distributed.

5. How to choose an executor for a will?

Choosing an executor is an important decision. Consider someone trustworthy, responsible, and capable of handling financial matters. This could be a family member, friend, or professional.