A last will and testament is not legally required in Florida. However, passing without a will means that the local probate courts and the state will determine how your assets are distributed to your family. A judge will not consider your final wishes once your estate goes into probate. A will, combined with other estate planning tools, will often keep a person’s entire estate out of probate, so that you can designate how your estate is handled and name your heirs.
Basic Requirements of a Will in Florida
The five requirements for a valid Will in Florida are:
- Mental competence.
- Eighteen (18) years of age or older.
- Made voluntarily without undue influence or coercion.
- Must be in writing.
- It must be notarized before two witnesses along with your signature.
Get Started Creating a Will in Florida
Our estate planning attorneys will help you get started and guide you through each step along the way of creating your Last Will and Testament. Meanwhile, determine your final wishes and how you want your estate handled. There are no rules regarding what you want to designate and who you want to receive your assets or items. To get started, consider the following:
- Make an inventory of assets and choose which to include in your will.
- Decide who will be your beneficiaries.
- Consider any special gifts.
- Pick a personal representative.
- If you have minor children, select a guardian(s).
- Have your attorney draft the will.
- Sign the will with two witnesses and a notary.
Additionally, it is also essential to update your will regularly, especially due to life events, such as marriage, divorce, births, disability, new businesses, income changes, real estate purchases and more. A person may change their last will at any time for any reason.