What Are the Steps to Making a Will in Florida?

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By Gary M. Landau, Esq.

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What Are Steps to Making Will in Florida? | Call (954) 979-6566

So many people put off making a will, continually pushing to the back of their priority list or, worse, not putting it on the list in the first place. They’re convinced they won’t need it for years, and while that’s hopefully true, it’s important for everyone to have a valid will. Whenever it is that you do pass away, you’ll want your loved ones to have clear guidance for how you wish your assets to be distributed.

Longtime Florida residents and those who’ve recently moved to the Sunshine State need to understand the specific requirements involved in drafting a will–formally known as a last will and testament–in accordance with state law.

The Law Office of Gary M. Landau, located in Coral Springs, helps Coral Springs families and others throughout Florida create wills that are both tailored to clients’ specific needs and are legally valid.

Planning for what will happen to your estate–no matter how much or how little you have, and how old or healthy you are–is important. In Florida, this planning typically starts by drafting a will.

This blog by a knowledgeable Florida estate planning attorney describes everything you need to know about creating your will.

Why Do I Need a Valid Last Will and Testament?

A will is an important, binding legal document that dictates how your property, money, and other valuables will be distributed after your death. Without a properly executed will, the Probate Court, applying Florida’s “intestacy laws,” gets to determine who gets your stuff.

(To learn more, read our blog What Happens When Someone Dies Without a Will in Florida?)

Having a will is especially crucial if you have minor children, because in the document you can name the guardian you want to care for your children should both of their parents tragically pass before they reach adulthood. Absent a will, family members may battle for guardianship in court, a process that can be psychologically harmful to children and shatter family ties.

Married couples need to draft two wills, one for each spouse.

After they are written, wills must be carefully executed according to Florida’s strict legal requirements. Without proper execution, courts can later deem a will to be invalid.

The Risks of DIY Wills

Online platforms offering cheap and easy DIY wills may seem appealing, but in some cases using them leads to costly mistakes. Some of their templates are poorly drafted, using language that is either vague or that fails to account for Florida’s specific requirements.

One requirement, for example: Florida law mandates that wills be signed in the presence of two witnesses. Failing to do that jeopardizes the validity of the will.

When you consult an experienced estate planning law firm to draft your will, you avoid potential legal problems later–when you are not around to fix them–and ensure your intentions for your assets are honored after your death.

(To learn more, read our blog Common Mistakes in Wills: Lessons Learned from Recent Probate Cases in Florida)

Steps to Creating a Will in Florida

Whether you live in Coral Springs, other parts of South Florida, or elsewhere in the state of Florida, our law firm helps clients navigate the legal aspects of drafting a will. Our legal professionals, knowledgeable in estate planning, will guide you through the following steps:

1. Gather Necessary Information

The first step in creating a will is to think about who you want to receive your assets after you pass away. Should your home be split equally among your grown children, or should it be left to the one who has expressed a desire to live in it? Do you have a beloved friend you’d want to bequeath your antique vase collection that they’ve always loved? Is there a charity that means a lot to you that you’d want to support with a posthumous donation? Determining what you want your will to accomplish is the most important first step.

You’ll also need the full names and their relationship to you (e.g., son, niece, friend) .of all the people you will be naming in your will.

To make this step easier for you to ponder, the Law Office of Gary M. Landau has created an online form that includes all the questions you’ll need to answer during your first wills appointment with the firm. Filling out this optional form makes it easy for you to get started with our firm.

2. Work with an Attorney

Once you’ve outlined your wishes, you and your skilled will lawyer will put that information into language recognized by the courts.

At the Law Office of Gary M. Landau, we draft and execute every aspect of your will in compliance with Florida statutes. Our law firm serves clients throughout the state, meeting with them by phone or Zoom.

3. Choose Your Allocations to Your Beneficiaries

Are you planning to divide your assets equally to all of your adult children, or is there one who might need more, perhaps because they’re less able to care for themselves? Deciding how much of your estate to allocate can be especially complicated for people in second (or third) marriages who have both biological and step-children.

You’ll also need to designate backup beneficiaries in case any of your primary choices predecease you or cannot inherit for other reasons.

4. Appoint a Personal Representative

The personal representative (PR) is the person tasked with fulfilling the instructions outlined in your will. Our law firm recommends choosing carefully, selecting someone who is organized, responsible, trustworthy, and capable.

The person must also meet the legal requirements under Florida law. For example, for a Florida will the PR must be a Florida resident or related to you in a way that accords with Florida law.

Here, too, you’ll want to designate a backup PR in case your original designee is unable or unwilling to serve in the role.

5. Name a Guardian if You Have Minor Children

If you are a parent of children under age 18, you can designate your choice for who will raise and be legally responsible for your children should their parents and/or legal guardians pass away before they become adults.

As experienced estate planning attorneys will advise, it’s important to select someone who shares your values and parenting style. Be sure to discuss your desire with the person before naming them in the will, to make sure they are willing to accept such a major responsibility.

6. Decide on Special Gifts

If you want specific items like jewelry, family heirlooms, or vehicles to go to particular individuals, you can include those details in a personal property statement that accompanies your will. This information is not included directly in the will and you can update it any time without needing to redo your will.

This is not mandatory, but making such a list ensures that valuable or sentimental items pass to people who will appreciate them as much as you do.

7. Execute the Will Properly

Florida law mandates that you sign your will in the presence of two witnesses, who must also sign the document.

Although not required, our law firm recommends that the witnesses also sign a second document, called a self-proving affidavit, which our office notarizes. This notarized document eliminates the need to later call the witnesses to court in order to verify the will.

8. Keep Your Will Up to Date

Life changes like marriage, divorce, the birth of a child, significant financial shifts, or the premature passing of people you’ve designated as beneficiaries or a personal representative can affect your will.

That’s why it’s important to regularly review and update your will. Wills should be reevaluated any time you experience a significant life change or, at minimum, every five years.

Why Choose the Law Office of Gary M. Landau?

Our Coral Springs office serves clients throughout Florida, providing personalized legal solutions for everything from wills and trusts to probate representation. Whether you live in South Florida, North Florida, or anywhere in the state, when you consult the Law Office of Gary M. Landau, you can expect the following:

  • Experience and Knowledge: We have a deep understanding of Florida’s estate planning laws.
  • Personalized Service: Attorney Gary M. Landau recognizes the uniqueness of each client’s circumstances. Estate planning is not a one-size-fits-all approach but a process requiring individualized solutions and strict attention to detail.
  • Flexible Consultation Options: We meet clients in person, by phone, or over Zoom to accommodate busy schedules and geographical constraints.
  • Accessibility Across Florida: The law office is located in Coral Springs, but we serve clients all around the state.
  • Peace of Mind: You can feel confident that the will our firm drafts for you is thorough, accurate, and legally binding.

(To learn more, read our blog Understanding the Benefits of Estate Planning in Florida)

Protect Your Interests & Create a Comprehensive Estate Plan with the Law Office of Gary M. Landau

As seasoned attorneys know, life is unpredictable, and a legally compliant will protects your family and loved ones no matter what tomorrow brings. Don’t search online for a “will attorney near me?” Contact the Law Office of Gary M. Landau today.

With more than 25 years of experience in our practice areas and countless satisfied clients, Gary M. Landau and his team are uniquely positioned to help you with your probate and real estate needs in Coral Springs, Parkland, and throughout Florida. Whether you’re ready to probate a loved one’s estate or to write your own will, or if you are purchasing a home, have inherited a home, or want a closing agent to handle title insurance and all documents for your closing or refinancing, the LAW OFFICE OF GARY M. LANDAU, P.A. is ready to work with you.

Call our office at (954) 979-6566 or complete our online form today to schedule a free consultation. We work with our clients in person, over the phone, or on Zoom.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction.

LAW OFFICE OF GARY M. LANDAU, P.A.
7401 Wiles Road, Suite 204
Coral Springs, FL 33067
(954) 979-6566
https://garylandau.com/

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Frequently Asked Questions

A will is the simplest way to ensure that your funds, property and personal things will be distributed after your death the way you want them to. Even if you have very few assets, you will benefit from having a will. About half of all Americans die without a will (known in legal terminology as dying intestate). Without a will to indicate your wishes, the court steps in and distributes your property according to state law. A will ensures that your assets will be given to family members or other beneficiaries you designate.

 

Having a will is doubly important if you have young children. One section of the will allows you to designate a guardian for them in the event of your death. Without a will, the court will appoint a guardian for your children, who may not be the person you desire.

Many Florida residents have out-of-state wills, drawn up while they were still living among the hills of North Carolina or the hubbub of New York. If the will was valid according to your old state’s laws at the time you made it, it is still legal in Florida. However, if you are a Florida resident, you may benefit greatly by having a new will drawn up in Florida, because it will likely be more easily admitted to probate.

 

It is important to know that each state has its own requirements for what makes a will a legally binding document. For example, Florida doesn’t recognize handwritten wills that haven’t been witnessed (known as “holographic wills”), or oral wills not put into writing, even if other states okay them. There’s also the matter of Florida estate law. In this state, for example, your surviving spouse is entitled to 30 percent of your net probate estate, regardless of what you say in your will. The spouse may also have a “Homestead” interest in property you share here, even if you want your house to go to someone else. In fact, all real property owned in Florida will be subject to this state’s laws, even if you’re a snowbird maintaining a residence in the state where your will was drawn up. Other peculiarities also exist, which is why a Florida will could make things much easier for your heirs.

 

If you would like to have me review your current out-of-state will, I am happy to do so without charge. If it turns out to be in accordance with Florida state laws and procedures, you can continue to rely on it. If not, however, your heirs would rather you discover that now.

It is a good idea to re-read your will every few years to be sure it reflects up-to-date realities (you may not want to leave your heirloom to a niece you are no longer speaking to, nor have someone be named your child’s guardian if they have taken seriously ill since you drafted your will). It is especially important to reexamine your will if:

 

  • You have gotten married since it was last drafted;
  • You have made bequests to people who have fallen out of your favor or are no longer living (I recently updated the will of a man who had left everything to his first wife, who was long deceased), or you have not included people who are now dear to you;
  • You would like to change the person named as the personal representative of the estate. (Note: Florida law does not allow a nonresident of the state to serve in this position, unless it is an immediate family member or certain other relatives);
  • You have acquired pricey or sentimental items that are not accounted for in your will. Do note, though, that Florida law allows you to attach a separate personal property memorandum to your will, detailing who will get which specific items. This list can be changed whenever you want.

Perhaps I should answer this question with where not to store it: in a bank’s safety deposit box. Although it may seem logical to put this with your other important papers, it is often difficult for your heirs to gain access to the box once you die, since the box is sealed then and must be opened in the presence of a bank employee.

 

One good option is to leave your original will with the attorney who drafted it, making copies for your personal representative and other important relatives and letting them know who has the original. For my clients who prefer that I store their original will, I keep it in a fireproof will vault in my office, or in the vault in my bank.

 

As an alternative, you could store the will in a fireproof box or vault in your own home.

 

Wherever you store it, be sure to let your personal representative and other close relatives know where you have put it!

Probate is when the court oversees your assets and liabilities after your death. During probate, the court makes sure that your will is valid and acceptable; that all debts, bills, creditor’s claims, and taxes are paid from your estate’s assets; and that your remaining assets are distributed to your beneficiaries according to your will (or, if no will exists, by Florida law).

 

Probate usually does take longer than most beneficiaries would like. But in order to ensure that everyone with a right to a claim is included in the process, the court requires several steps. If the size and complexity of your estate are minimal, however, the entire process of probate can take as little as a few months. Larger estates that are subject to IRS estate taxes or those involving litigation on the part of creditors or heirs generally take longer, often one or more years.

 

To speed the process along for simple and small estates, the courts allow a shortened form of probate, known as “summary administration,” which requires much less paperwork and time.

A personal representative (PR) is a friend or relative, or an attorney or bank, who is put in charge of the estate until all matters regarding the probate are resolved. (In other states, this person is sometimes called an executor or administrator.) The job of the PR includes identifying all assets, searching for creditors and paying valid claims, filing required estate tax returns if the estate is large enough (the figure escalates over time, according to Congressional laws), coordinating with the probate court and attorneys, and overseeing the distribution of assets–all done under the guidance and assistance of a qualified attorney.

 

Serving as a PR is an important role, and such a person should be selected with care as to who is most willing and best able to serve in this position. By Florida law, your personal representative must be over 18 years of age, and be a blood relative, your spouse, the parent or child of your spouse, or a Florida resident.

Generally, no. If you co-own all property via such legal structures as “tenancy by the entirety” or by “joint tenancy with right of survivorship” the property immediately passed to you upon your spouse’s death. Proof of death is usually all that is needed to pass such jointly owned title for cars, stocks, and other personal property to the surviving spouse.

 

But if even one asset was held solely in the deceased person’s name, or any property is owned in the form of a “tenancy in common,” that estate will be required to go through probate. If the assets are limited, the shorter, simpler form of probate is generally all that is required.
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