Will Attorneys in Florida

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Prepare a Legally Valid Will That Protects Your Loved Ones

Creating a will is one of the most meaningful ways to protect your family’s future. It ensures that your wishes are honored, your assets are distributed as you intend, and your loved ones avoid unnecessary legal disputes.

At Willis & Davidow, our Florida will attorneys help you draft, update, and formalize legally binding wills and living wills tailored to your circumstances. With deep experience in estate planning and probate law, we make the process straightforward, confidential, and compliant with Florida’s legal standards.

What Is a Will?

A will—also known as a Last Will and Testament—is a legal document that specifies how your property and assets will be distributed after your death.

It can also appoint guardians for minor children, designate an executor (known as a personal representative in Florida), and outline funeral or charitable instructions.

Without a valid will, your estate will be distributed according to Florida’s intestate succession laws, meaning the state decides who inherits your property. That process can be slow, expensive, and contrary to your wishes.

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Types of Wills in Florida

Florida recognizes several types of wills, each serving specific purposes. Our attorneys help you choose and draft the one that best fits your goals.

Simple Will

A simple will is ideal for individuals with straightforward estates. It ensures that your property passes directly to your chosen beneficiaries and designates a trusted personal representative to oversee the process.

Living Will

A living will outline your preferences for medical care if you become unable to communicate. It specifies whether you wish to receive life-sustaining treatments, resuscitation, or artificial nutrition.

We often prepare living wills together with a Health Care Surrogate Designation for complete medical planning.

Pour-Over Will

Used alongside a revocable living trust, a pour-over will ensure that any assets not already transferred to your trust during your lifetime automatically “pour over” into the trust upon your death.

Joint or Mirror Wills

For married couples, mirror wills ensure that assets transfer seamlessly to the surviving spouse and, ultimately, to children or other heirs.

Testamentary Trust Will

This type of will creates a trust upon your death to provide long-term protection or financial structure for minors, dependents, or beneficiaries with special needs.

Why You Need a Florida Will Attorney

Why You Need a Florida Will Attorney

While it’s possible to find DIY will templates online, they often fail to meet Florida’s strict execution requirements and can cause disputes or invalidation. A small error—such as missing witnesses or improper notarization—can render your will unenforceable.

Our estate planning attorneys ensure that your will:

  • Meets all formalities required by Florida Statutes Chapter 732
  • Reflects your specific wishes and family circumstances
  • Coordinates with your trusts, property titles, and power of attorney
  • Minimizes tax implications and future disputes
  • Is properly signed, witnessed, and notarized

Having a lawyer prepare your will guarantees your loved ones will not face unnecessary court challenges or delays.

What to Include in Your Will

A comprehensive will can cover much more than who inherits your property. We guide you through key elements such as:

  • Appointment of a personal representative (executor)
  • Beneficiary designations for property, accounts, and heirlooms
  • Guardianship for minor children
  • Instructions for digital assets (emails, social media, crypto, etc.)
  • Funeral and burial preferences
  • Donations or charitable gifts
  • Coordination with existing trusts and business entities
What to Include in Your Will
Legal Requirements for a Valid Will in Florida

Legal Requirements for a Valid Will in Florida

To be legally valid in Florida, your will must:

  • Be in writing (typed, not oral or handwritten)
  • Be signed by the testator (you)
  • Be witnessed and signed by two witnesses in each other’s presence
  • Optionally, be self-proved with a notarized affidavit to simplify probate

Our attorneys oversee every step of this process, ensuring that your will can be admitted to probate without complications.

How Often Should You Update Your Will?

We recommend reviewing your will every 3–5 years, or after major life events such as:

  • Marriage, divorce, or the birth of a child
  • Purchasing or selling property
  • Moving to Florida from another state
  • Opening or closing a business
  • Major financial changes or inheritance

We also review out-of-state wills to ensure they meet Florida’s formalities and remain valid under current state law.

How Often Should You Update Your Will
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Speak With a Florida Will Attorney

If you’re searching for a lawyer near you for a will, the attorneys at Willis & Davidow are here to help.

We make the process efficient, compassionate, and tailored to your family’s unique needs—so you can plan confidently for the future.

Frequently Asked Questions About Wills in Florida

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Do I need a lawyer to make a will in Florida?

While it’s not legally required, having an attorney ensures your will complies with Florida law, avoids errors, and reflects your exact wishes.

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Can I write my own will in Florida?

Yes, but it must follow strict legal rules. Handwritten or “holographic” wills are not valid in Florida. Typed wills with proper witnesses are required.

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What happens if I die without a will in Florida?

Your estate will be distributed under Florida’s intestate succession laws, meaning the state decides who inherits your property based on family relationships.

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Can I include my digital accounts or online assets in my will?

Yes. You can name a digital executor and specify how your online accounts, photos, or crypto assets should be handled.

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What is the difference between a will and a living will?

A will directs the distribution of your assets after death. A living will expresses your healthcare preferences if you become incapacitated.

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How much does it cost to have a lawyer draw up a will in Florida?

Costs vary depending on complexity, but our firm provides transparent, flat-rate options for simple wills and package pricing for complete estate plans.

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Should a will be notarized in Florida?

Notarization isn’t required for validity but makes your will “self-proving,” so the court won’t need to contact witnesses after your death.

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