What Is a Will, and Why Does Every Adult Need One?
A will is a legal document that directs who receives your assets and who cares for your minor children after your death. It allows you to choose a personal representative (executor) and lay out your wishes clearly. Many people believe wills are just for the wealthy or that they avoid probate—but both are misconceptions. Every adult, regardless of wealth, should have a will to make sure their wishes are followed and their loved ones are protected.
Florida Law Requirements for a Valid Will
To create a legally binding will in Florida, you must:
- Be at least 18 years old and of sound mind
- Sign the will at the end (or have someone sign for you at your direction)
- Have two witnesses sign in your presence and in each other’s presence
- Ideally, have the will notarized to make it “self-proving” (but notarization is not strictly required)
Note:
- Handwritten (holographic) wills without witnesses are not valid in Florida
- Oral wills are
never valid—everything must be written and properly signed
Key Components of a Florida Will
A well-drafted will typically covers:
- Naming a personal representative (executor) to handle your estate
- Distributing your property and assets according to your wishes
- Naming guardians for minor children
- Establishing testamentary trusts for minors or those needing special care
Without a will, Florida’s intestacy laws decide who inherits—which can lead to unintended or “unfortunate results.” For example: if someone passes away with a spouse and children from a prior marriage, the assets might be split in a way that causes hardship or family conflict.
Will vs. Living Trust and Other Planning Tools
A will alone
does not avoid probate—your estate will go through court review. Certain assets, like those with beneficiary designations or placed in a living trust, can bypass probate. That’s why we often recommend integrating a will with other estate planning strategies. Even if you have a
trust, you still need a “pour-over will” to catch any assets not titled in the trust.
Related Probate services
Common Questions About Wills in Florida
How do I write a will in Florida?
Follow Florida’s strict requirements—or better yet, consult an attorney to ensure it’s done right and fully reflects your wishes.
Do wills need to be notarized in Florida?
Not required, but notarization (to make the will “self-proving”) makes the probate process faster and easier.
What happens if I die without a will in Florida?
The state decides who inherits through intestacy laws. This can mean assets going to distant relatives or in ways you wouldn’t expect.
Will vs trust—which do I need?
A will covers asset distribution after death, but a trust can avoid probate and provide other benefits. We’ll help you decide which is right for your situation.
Updating Your Will—How Often?
You should review your will every few years or after major life changes (marriage, divorce, birth of a child, moving to Florida). Florida law, for example, automatically revokes some spousal rights after divorce. Keeping your will current ensures your intentions are always honored.
Take the Stress Out of Planning—We’ll Guide You Every Step
Creating or updating your will doesn’t have to be complicated or uncomfortable. Panther Law will walk you through every step, from listing assets to signing your will with proper witnesses. Schedule a free consultation to get started—your peace of mind, and your family’s future, are worth it.
