Creating a last will and testament Florida residents can depend on, might be the single most important thing you do for your loved ones. Nobody likes thinking about death, but here’s the reality—without proper planning, your family could end up in court fighting over your wishes. Maybe you’re drafting your first will, or maybe life has changed, and it’s time for updates. Either way, here’s what you need to include.
1. Clear Identification and Opening Declaration
You will need to start with the basics. Include your full legal name, current address, and a clear statement declaring this as your Florida last will and testament. This section should explicitly revoke any previous wills or codicils you’ve created. Think of it as drawing a line in the sand—this is your final word on how your estate should be handled.
Many people overlook this step, but it’s crucial for avoiding confusion down the road. If you’ve moved to Florida from another state, you’ll want to ensure your document reflects your current residency. This becomes especially important during probate administration, when the court needs to establish jurisdiction over your estate.
2. Naming Your Personal Representative in Your Last Will and Testament Form in Florida
Your personal representative, sometimes called an executor in other states, is the person who’ll handle your estate after you pass away. Pick someone you’d trust with your life—because that’s essentially what you’re doing. This person will handle your money, pay off what you owe, and make sure everyone gets what you intended. Always name a backup in case your first pick can’t do it.
Think about where they live, how old they are, and whether they’re actually up for the job. And here’s something people forget—talk to them first. Springing this on someone after you’re gone isn’t fair to anyone. They should understand what’s involved in trust administration and estate management.
3. Specific Bequests and Asset Distribution
Understanding Florida last will and testament laws helps you avoid family fights down the road. This is where you need to be crystal clear about who gets what. Maybe Aunt Sally wants the china, but so does your sister. Spell it out—the house, the car, that diamond ring, the antique desk in the den. When you leave things open to interpretation, that’s when families stop talking to each other.
Leave specific items to certain people and then distribute the remainder of your estate differently. The residuary clause, which covers everything not specifically mentioned, is equally important and shouldn’t be overlooked.
Here’s something that trips people up—some assets completely bypass your Florida last will and testament requirements. Your life insurance, 401k, and any property you own with someone else go directly to whoever you named as beneficiary. Your will doesn’t touch them. So make sure that those beneficiary forms match what you actually want to happen.
4. Guardianship Provisions for Minor Children
If you have children under 18, naming a guardian is absolutely critical. This decision deserves serious thought and honest conversations with potential guardians before you name them in your will.
You can choose the same person for both roles or separate them. Consider factors such as the guardian’s parenting style, values, location, and financial stability when making this decision. The Florida requirements for a last will and testament allow you to nominate guardians for both the person and property of your minor children. You’ll also want to create a trust for your children’s inheritance. Without one, minors can’t legally own property, which could require a court-supervised guardianship proceeding.
5. Proper Execution According to Florida Law
Florida requires specific formalities that must be followed precisely. Your will has to be written down, you’ve got to sign it at the bottom, and two witnesses need to watch you do it. Then those witnesses sign it too—all while everyone’s in the same room together watching each other. Even the most thoughtfully drafted last will and testament in Florida isn’t valid unless it’s properly executed.
Here’s what many people don’t realize: Florida allows interested parties to serve as witnesses, though it’s generally better to use disinterested witnesses when possible. Consider making your will “self-proving” by having it notarized and witnessed. This extra step can streamline the probate process later by eliminating the need for witnesses to testify in court.
Florida residents must meet these technical requirements, or it could be deemed invalid. That’s why working with an experienced estate planning attorney is so valuable.
Taking Control of Your Legacy
Creating a comprehensive last will and testament that Florida families can depend on doesn’t need to feel like climbing a mountain. Cover these five bases—who you are, who’s in charge, who gets what, who raises your kids, and the proper signatures—and you’ve done right by the people you care about most.
Ready to create or update your will? Ginsberg Shulman has been helping South Florida families get their estates in order for years. Our board-certified specialists know elder law and estate planning inside and out. Ready to get started? Contact us at 954-839-8705, and let’s set up a time to talk. Your family deserves a solid plan—let’s build one together.