No one likes to think about what will happen after they’re gone. However, making a will is one of the most important steps you can take to protect your loved ones and ensure your wishes are followed.
A Florida Last Will and Testament allows you to decide who will receive your property, who will manage your estate, and who will care for your minor children if necessary. Without a valid will, Florida law determines many of these decisions, and the outcome may not reflect your wishes.
Whether you’re just beginning to make a will or updating an existing one, this guide explains what you should know before signing your documents.
What Is a Last Will and Testament?
A Last Will and Testament is a legal document that tells the probate court how you want your property distributed after your death. It also allows you to name a personal representative (sometimes called an executor) to administer your estate and nominate a guardian for your minor children.
A will does not take effect while you are alive. Instead, it becomes effective only after your death.
Why Is Making a Will Important?
Making a will gives you control over decisions that could otherwise be made by the court under Florida’s intestacy laws.
A properly prepared will allows you to:
- Decide who inherits your property.
- Name a trusted personal representative.
- Nominate guardians for your minor children.
- Leave gifts to family members, friends, or charities.
- Help reduce disagreements among surviving family members.
- Clearly express your final wishes.
Even if you don’t consider yourself wealthy, making a will can save your loved ones time, stress, and uncertainty.
What Should a Florida Will Include?
Every person’s circumstances are different, but most Florida wills include:
- Your full legal name.
- A statement declaring the document is your Last Will and Testament.
- A clause revoking all previous wills and codicils.
- The name of your personal representative.
- An alternate personal representative.
- Instructions explaining who should receive your property.
- Specific gifts of money or personal belongings.
- Distribution of the remainder of your estate.
- Guardians for minor children, if applicable.
Fifteen Things to Consider Before Making a Will
Before you make a will, think carefully about the following decisions.
1. Create a List of Your Assets
Start by listing everything you own, including:
- Real estate
- Bank accounts
- Investment accounts
- Retirement plans
- Vehicles
- Business interests
- Jewelry
- Firearms (where legally appropriate)
- Collectibles
- Family heirlooms
Having a complete inventory helps ensure nothing important is overlooked.
2. Decide Who Should Receive Your Property
Think about the people or organizations you want to inherit your assets. You may choose your spouse, children, grandchildren, other relatives, friends, or charities.
If certain items have sentimental value, identify those gifts specifically.
3. Choose Your Personal Representative
Your personal representative is responsible for administering your estate, paying debts, and carrying out the instructions in your will.
Choose someone who is trustworthy, organized, and willing to serve. It is also wise to name a backup personal representative.
4. Name Guardians for Minor Children
If you have children under the age of 18, your will is the place to nominate who you would like to raise them if both parents pass away.
Although the court makes the final decision based on the child’s best interests, your nomination provides important guidance.
5. Plan for Your Pets
Many families consider pets to be members of the family.
Because pets cannot legally inherit money, you can instead name a trusted caregiver and leave funds to help pay for food, grooming, veterinary care, medications, and other expenses.
If you own multiple pets or expect long-term care expenses, you may also wish to discuss a pet trust with an estate planning attorney.
6. Consider Whether Someone Should Be Intentionally Excluded
Sometimes people intentionally decide not to leave property to a particular individual.
In certain situations, a will may clearly state that a specific person is intentionally receiving nothing. Doing so may help avoid claims that the omission was accidental.
If you are considering disinheriting a spouse or another close family member, consult a Florida estate planning attorney because Florida law may provide certain legal rights regardless of what your will says.
7. Review Your Beneficiary Designations
Not every asset passes through your will.
Review the beneficiaries listed on:
- Life insurance policies
- Retirement accounts
- IRAs
- Payable-on-death bank accounts
- Transfer-on-death investment accounts
These designations should be reviewed regularly to ensure they still reflect your wishes.
8. Consider Creating a Trust
For many people, a will is enough.
However, if you own significant assets, have a blended family, own a business, have a beneficiary with special needs, or want additional estate planning options, a revocable living trust may be worth discussing with an attorney.
9. Think About Your Digital Assets
Today’s estates often include digital property.
Consider making a secure list of:
- Email accounts
- Online banking
- Cryptocurrency
- Social media accounts
- Cloud storage
- Subscription services
- Password managers
- Business websites
Rather than placing passwords inside your will, keep this information in a secure location and let your personal representative know how to access it.
10. Keep Your Original Will Safe
Once your will has been signed, store the original in a safe but accessible location.
A fire-resistant safe is often a good choice. Your personal representative should know where the original document is stored because the probate court will generally require it.
Also, avoid removing the staples or separating the pages after the will has been signed, as doing so could raise unnecessary questions during probate.
11. Consider a Personal Property Memorandum
Some people regularly change who they want to receive personal items such as jewelry, artwork, furniture, or collectibles.
If your will allows it, a Personal Property Memorandum may let you update those gifts without preparing an entirely new will.
12. Keep Funeral Wishes Separate
Although many people want to leave funeral instructions, a will is often not read until after funeral arrangements have already been made.
Instead, consider preparing a separate document describing your wishes for burial, cremation, military honors, or memorial services, and tell your loved ones where it is kept.
13. Talk With Your Family
Although these conversations may be uncomfortable, discussing your wishes ahead of time can reduce confusion and family disagreements later.
14. Update Your Will After Major Life Changes
You should review your will after:
- Marriage
- Divorce
- Birth or adoption of a child
- Birth of a grandchild
- Buying or selling a home
- Starting or selling a business
- Moving to Florida
- Death of a beneficiary
- Significant financial changes
Do not write changes directly on your existing will. Instead, prepare a properly executed codicil or create a new will.
15. Review Your Entire Estate Plan
A will is only one part of an estate plan.
You should also review:
- Durable Power of Attorney
- Designation of Health Care Surrogate
- Living Will
- HIPAA Authorization
- Revocable Living Trust, if applicable
- Lady Bird Deed or other estate planning deed
- Beneficiary designations on financial accounts
Making sure these documents work together can help ensure your wishes are carried out.
Does a Florida Will Have to Be Notarized?
This is one of the most common questions people ask.
A Florida will generally becomes legally valid when it is signed by the person making the will in the presence of two qualified witnesses, who also sign the document according to Florida law.
Although notarization is not required for the will itself, many people also complete a self-proving affidavit before a notary public. This affidavit can simplify the probate process because the court may not need to locate the witnesses after your death.
Can I Use a Last Will and Testament Template?
Many people begin making a will by searching online for a last will and testament template or a last will and testament sample.
These resources can help you understand how a will is organized and what information is commonly included. However, every person’s family and financial situation is different. A template may not address blended families, business ownership, special needs beneficiaries, or other unique circumstances.
If your estate is complex or you are unsure how to distribute your assets, consulting a qualified Florida estate planning attorney is recommended.
Looking for a Free Way to Make a Will?
If you want to make a will yourself, one helpful resource is FreeWill at https://www.freewill.com.
The website guides you through a series of questions and generates a Florida Last Will and Testament at no cost. It also provides helpful tools for organizing personal property, digital assets, and funeral wishes.
Once your document has been completed, remember that it still must be properly signed according to Florida law. After you finish your will, PennySmart Group can notarize your self-proving affidavit and assist with the proper execution of your documents, including providing mobile notary services at your home, office, hospital, or nursing facility.
Disclaimer: PennySmart Group is not affiliated with FreeWill and does not receive compensation for mentioning its services. We are simply sharing it as a free educational resource for individuals interested in making a will.
We Can Help You Prepare Your Estate Planning Documents
At PennySmart Group, we prepare Florida legal documents based on the information you provide. We also provide mobile notary services for wills, powers of attorney, living wills, health care surrogate designations, deeds, and other estate planning documents.
We are not attorneys and cannot provide legal advice, represent clients in court, or determine how Florida law applies to your individual circumstances. If your estate involves complex legal issues, significant assets, business ownership, blended families, tax planning, or anticipated disputes, you should consult a licensed Florida estate planning attorney.
Making a will today is one of the best ways to protect the people you love. By planning ahead and keeping your estate plan up to date, you can provide your family with clarity, guidance, and peace of mind when they need it most.