Estate Planning

Last Will and
Testament in Florida

Your will is your voice when you are no longer here. It names who inherits your estate, who raises your children, and who carries out your final wishes. A will is a starting point tool, but it is not a whole estate plan.

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The Foundation

What Is a Last Will and Testament in Florida?

A Last Will and Testament is a legally binding document that expresses your wishes for how your assets should be distributed after death. It also lets you name a guardian for your minor children and appoint a trusted person (your executor) to carry out your instructions.

In Florida, a will must meet specific legal requirements to be valid , it must be in writing, signed in front of two witnesses, and those witnesses must also sign. An invalid will is treated as if it never existed.

A will works through probate court, which means it becomes a public record and the process takes time. For many clients, a will is used alongside a living trust: the trust handles most assets privately, while the will covers anything left outside the trust and names a guardian for children.

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Watch: What a Will Does (and Doesn't Do) in Florida

The Critical Distinction

A Will Alone Is Not Enough

Even if you have a will in place, your loved ones will still be required to go through probate upon your death. A will directs the probate process , it does not avoid it.

If you want to keep your family out of court and out of conflict when you die, you cannot rely solely on a will. A will only becomes effective after your passing. It does nothing to protect your assets or your family while you are alive, and it provides no plan for incapacity.

That is why most comprehensive estate plans pair a will with a living trust. The trust holds your assets privately and avoids probate. The will acts as a safety net to catch anything left outside the trust and names a guardian for your children.

Learn About Living Trusts
A will alone still goes through probate
Probate in Florida takes 12 to 24 months on average
Your estate becomes a public record during probate
A will does nothing if you become incapacitated
A living trust avoids probate entirely
A trust keeps your family out of court and out of conflict
A trust protects you during your lifetime, not just at death
A pour-over will works alongside your trust as a safety net

What a Will Accomplishes

Six Things a Will Does For Your Family

Name Your Beneficiaries

Clearly state who receives your property, money, and personal belongings. Without a will, Florida law decides , and the result may surprise you.

Choose Your Children's Guardian

The single most important reason parents create a will: naming the person who would raise your children if both parents were gone.

Appoint a Trusted Executor

Your executor carries out your wishes, pays your debts, and distributes your estate. Choose someone organized, trustworthy, and prepared for the responsibility.

Minimize Family Conflict

A clear, properly executed will reduces the chance of disputes. Ambiguity and silence invite disagreements that can fracture families for generations.

Handle Digital and Personal Assets

Bank accounts, online assets, sentimental items, and specific bequests can all be addressed , ensuring nothing falls through the cracks.

Leave Specific Instructions

Who gets the family heirloom? What happens to your business interest? A will lets you answer these questions on your own terms.

Natalia Ouellette-Grice, Estate Planning Attorney

Why LCO Law

A Will That Actually Works When Your Family Needs It

A will from a big box service or online template may look like a will. But if it fails to meet Florida's execution requirements, it's worthless at the exact moment your family needs it most. We make sure your will is valid, clear, and reflects your actual intentions.

  • We review your full family picture before drafting a single word
  • Every will is prepared under Florida law by a licensed estate planning attorney
  • We coordinate your will with any trusts, beneficiary designations, and other documents
  • We explain the guardian nomination process and help you make that difficult choice
  • We store your signed documents securely and help you understand when to update

Common Questions

Last Will FAQ

No , a will does not avoid probate. It directs the probate process, but your estate still goes through the court. If avoiding probate is a priority, a revocable living trust is a better tool. Many clients use both: a trust for the bulk of their assets and a "pour-over will" to catch anything left outside the trust.
Florida requires that the will be written (not verbal), signed by the testator in the presence of two witnesses, and signed by those two witnesses. A self-proved will also includes notarization, which can speed up the probate process. Handwritten wills (holographic wills) are NOT valid in Florida unless they meet all the same requirements.
Technically yes, but it's risky. DIY wills that don't meet Florida's exact execution requirements are invalid. Even small errors can cause your will to fail, forcing your estate into intestacy. Given what's at stake , your home, your savings, your children's guardian , professional drafting is the only way to be sure it works.
You should review your will after any major life event: marriage, divorce, birth of a child or grandchild, death of a beneficiary or named executor, a significant change in assets, or a move to a new state. As a general rule, review it every three to five years even without a triggering event.
A will takes effect at death and goes through probate court. A living trust takes effect immediately, avoids probate, and also provides a plan for incapacity during your lifetime. Most clients with significant assets, real property, or minor children benefit from having both , a trust for the heavy lifting and a will to catch anything outside the trust.

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