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Estate Planning

Florida Last Will and Testament

A will is the most direct way to put your wishes in writing before you cannot. It tells your family exactly what you want, names the people you trust to carry it out, and protects your children if the unthinkable happens. Attorney Burgos has spent more than 20 years helping Florida families put clear, legally valid wills in place, all through secure virtual consultations you can join from anywhere in the state.

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Quick answer

A Florida last will and testament is a signed, witnessed legal document that names who inherits your property, who settles your estate, and who cares for your minor children. Without one, Florida intestacy law makes those decisions. Attorney Rosenny Burgos prepares wills for families across Florida, entirely by video or phone.

Quick answer

A valid Florida will lets you name who receives each asset, appoint a personal representative to settle the estate, and designate a guardian for minor children. Without a will, Florida intestacy law distributes your property according to a fixed formula that may not match your wishes.

What Florida Wills Cover

Your Property, Your People, Your Choices

Property you own in your name alone, bank accounts, vehicles, personal belongings, business interests: a will is the document that says where all of it goes. It also names a personal representative, the person responsible for paying debts, filing taxes, and distributing what remains.

For parents, the most urgent reason to have a will is often the guardian designation. If both parents die and there is no will naming a guardian, a judge chooses. A will lets you make that choice yourself.

Florida does not require that a will be notarized to be valid, but adding a self-proving affidavit signed before a notary makes the process smoother for your family later. Attorney Burgos walks you through every requirement so nothing is missing.

  • Name who inherits your home, accounts, and personal property.
  • Choose a personal representative you trust to settle your estate.
  • Designate a guardian for minor children.
  • Include a self-proving affidavit to simplify the process for your family.
Attorney Rosenny Burgos meeting with a client by video consultation

What Happens Without a Will

Florida Intestacy Law Decides for You

When a Florida resident dies without a valid will, the estate passes through intestate succession. Florida Statute Chapter 732 sets a rigid order: surviving spouse, then children, then parents, and so on. The result may bear little resemblance to what you would have wanted.

Intestate succession can create real hardship. A long-term unmarried partner receives nothing. A child from a prior relationship may receive a share that surprises everyone. Assets intended for a specific person pass elsewhere. The process still goes through probate, but with no personal representative you chose, no timeline you planned, and no distribution you designed.

A will does not have to be complicated. Even a straightforward document that names your beneficiaries, your representative, and your guardian preference is far better than leaving those decisions to a formula.

  • Assets pass by a fixed statutory formula, not your preferences.
  • Unmarried partners and close friends receive nothing.
  • A court appoints a guardian for your children without your input.
  • The estate still goes through probate, often with greater conflict.

FAQ

Frequently Asked Questions

What makes a will legally valid in Florida?
Florida law requires that a will be in writing, signed by the person making it (the testator), and witnessed by two people who each sign in the testator's presence. The witnesses should not be beneficiaries. Adding a self-proving affidavit before a notary is not required but makes the probate process easier for your family.
Can I prepare my Florida will entirely online?
Yes. Attorney Burgos works with clients across Florida through secure video and phone consultations. You review drafts, ask questions, and receive guidance on the signing and witnessing steps, all without traveling to an office. Many clients complete the entire process from home.
Can I sign my will remotely in Florida?
Florida law allows remote online notarization, which can accommodate certain documents in an estate plan. The specific requirements for witnessing and signing a will involve your individual circumstances, and Attorney Burgos will confirm exactly what applies to your situation during your consultation.
Do I still need a will if I have a living trust?
Yes. Even if you have a living trust, a pour-over will is recommended to capture any assets that were not transferred into the trust before your death. It acts as a safety net so that property titled in your name alone still passes according to your plan.
How often should I update my Florida will?
Review your will after any major life change: marriage, divorce, the birth of a child, the death of a named beneficiary or personal representative, or a significant change in your assets. Florida law automatically revokes certain provisions upon divorce, but updating the document is always the more reliable approach.

Let's Take the First Step

A will is the most direct way to put your wishes in writing before you cannot. It tells your family exactly what you want, names the people you trust to carry it out, and protects your children if the unthinkable happens. Attorney Burgos has spent more than 20 years helping Florida families put clear, legally valid wills in place, all through secure virtual consultations you can join from anywhere in the state. Se Habla Espanol.