Best Will & Testament Lawyers in Florida

About Will & Testament Law in Florida, United States

A Last Will and Testament, often simply called a will, is a legal document that allows you to specify how your assets and property will be distributed after your death. In Florida, a valid will ensures your wishes are honored and makes the probate process more straightforward for your loved ones. Florida law has specific requirements for creating and executing wills, and understanding these rules is crucial. Without a will, state law will decide how your assets are allocated, which may not align with your intentions.

Why You May Need a Lawyer

Legal assistance with wills and testaments can help you avoid costly mistakes and ensure your wishes are fulfilled. Common scenarios where a lawyer can be helpful include:

• Your family situation is complex, such as having children from previous marriages or blended families.
• You wish to disinherit a family member or make special provisions for certain heirs.
• You own significant property or assets, especially those outside Florida.
• You want to create a trust or include minor children in your will.
• Your estate is subject to federal or state taxes.
• Concerns about someone contesting your will or claiming undue influence.
• You want to ensure your will complies with all Florida legal requirements.

A lawyer can draft, review, and update your documents to match changes in your life and in the law.

Local Laws Overview

Florida law sets out specific rules for creating and executing a will:

• Age and Capacity - The testator (person making the will) must be at least 18 years old and of sound mind.
• Writing Requirement - Wills must be in writing. Oral wills are not recognized in Florida.
• Witnesses - The will must be signed in the presence of two witnesses, who must also sign it in each other's presence and in the presence of the testator.
• Self-Proved Wills - A will can be made "self-proving" with a notarized affidavit signed by the testator and witnesses. This can simplify probate later.
• Revocation - Wills may be revoked or amended (by codicil) at any time while the testator is alive and of sound mind.
• Probate Process - After death, the will goes through probate, a court process to distribute assets and settle debts.
• Intestate Succession - If you die without a valid will, Florida's intestacy laws will determine your heirs, typically prioritizing spouses and children.

Florida does not recognize handwritten (holographic) wills unless made in compliance with state law. Understanding these requirements is essential for ensuring your will is valid and enforceable.

Frequently Asked Questions

What happens if I die without a will in Florida?

If you die without a will, your estate will be distributed according to Florida's intestate succession laws. Generally, your spouse and children are prioritized, but the distribution may not match your personal wishes.

Can I write my own will in Florida?

Yes, you can write your own will, but it must follow Florida's legal requirements, including being in writing, signed by you, and witnessed by two competent witnesses. Legal advice is strongly recommended to avoid mistakes that could render your will invalid.

Are handwritten wills valid in Florida?

Handwritten wills, known as holographic wills, are not valid in Florida unless they comply with all standard requirements for execution, including witnessing.

Who can be a witness to my will?

Any competent adult can serve as a witness. While not required, it is best for witnesses to be disinterested parties - meaning they are not beneficiaries of your will.

How can I update or change my will?

You can update your will by making a new will or adding a codicil - a formal amendment - following the same signing and witnessing requirements. Revoking a previous will should also be done formally.

What is a self-proved will?

A self-proved will includes a notarized affidavit signed by you and your witnesses at the time the will is executed. This makes the probate process faster, as witnesses do not need to testify in court.

Do wills have to go through probate in Florida?

Yes, most wills must be submitted to probate court for administration. Some assets, like those held in joint tenancy or designated by beneficiary, may not be subject to probate.

Can my will be contested?

Yes, a will can be contested on grounds such as undue influence, lack of capacity, improper execution, or fraud. Working with a lawyer helps reduce the chance of successful challenges.

How often should I update my will?

You should review your will after major life changes like marriage, divorce, birth of children or grandchildren, significant changes in assets, or relocation to another state.

What happens if I move to Florida from another state?

A will created in another state may still be valid in Florida if it complies with the laws of the originating state and Florida's basic requirements. However, it is wise to have a local attorney review your will to ensure full compliance with Florida law.

Additional Resources

Several organizations and government bodies provide resources and support regarding Wills & Testaments in Florida:

• Florida Bar Association - Offers public information, lawyer referrals, and consumer guides related to estate planning and probate.
• Florida Courts - The official site provides probate forms and information on probate proceedings in Florida.
• Florida Department of Elder Affairs - Offers resources on planning, elder law, and estate-related concerns.
• Local Legal Aid Societies - Many counties have legal aid organizations that provide low-cost or free legal assistance for qualifying individuals.
• Licensed Florida Estate Planning Attorneys - Private practitioners can provide personalized advice and document preparation.

Next Steps

If you need legal assistance regarding a Will & Testament in Florida, consider the following steps:

• Make a thorough list of your assets, debts, and intended heirs or beneficiaries.
• Consider your wishes for guardianship of minor children, special bequests, or charitable donations.
• Look for an attorney who specializes in estate planning in your area. Schedule a consultation to discuss your needs and understand the potential costs involved.
• Gather any existing estate planning documents, titles, deeds, and account information to bring to your initial meeting.
• After creating or updating your will, keep it in a secure place and inform your executor or a trusted loved one of its location.
• Review your will every few years or after significant life changes to keep it current.
• Take advantage of public resources and reputable organizations for additional support if you are unsure where to start or need free advice.

With the right legal guidance and up-to-date documents, you can be confident that your wishes will be honored under Florida law and your loved ones will be protected.