What Is a Will?
A will is a legal document that directs how a person's property and assets are distributed after death. The person who creates the will is called the testator. In the will, the testator names beneficiaries who will receive specific assets, appoints a personal representative (executor) to manage the estate through probate, and can designate a guardian for minor children.
Florida Will Requirements
Under Section 732.502, Florida Statutes, a valid Florida will must be:
- In writing — Florida does not recognize oral (nuncupative) wills.
- Signed by the testator — The testator must sign at the end of the will, or direct someone to sign on their behalf in their presence.
- Witnessed by two persons — Two witnesses must be present at the same time, observe the testator sign (or acknowledge the signature), and sign the will in the testator's presence and in each other's presence.
Florida does not recognize holographic wills (handwritten, unwitnessed wills) executed in Florida. However, a holographic will validly executed in another state may be admitted to probate in Florida if it met that state's requirements.
What a Will Can and Cannot Do
A will CAN:
- Distribute personal property, bank accounts, and investment accounts
- Name a personal representative to manage the estate
- Designate a guardian for minor children
- Create testamentary trusts for minor beneficiaries
- Specify funeral and burial instructions
A will CANNOT:
- Override beneficiary designations on life insurance, retirement accounts, or POD/TOD accounts
- Transfer property held in joint tenancy with right of survivorship
- Transfer property held in a revocable trust
- Violate Florida's homestead restrictions on devising the homestead property
- Disinherit a surviving spouse completely (the spouse has an elective share right under Section 732.201)
Related Terms
- Probate — The court process for administering a will
- Personal Representative — Named in the will to manage the estate
- Intestate — Dying without a will
- Living Trust — An alternative that avoids probate
Barnes Walker Estate Planning
Barnes Walker's estate planning attorneys draft wills tailored to Florida law, including homestead considerations and elective share planning. Request a legal inquiry to get started.
Florida Law Reference
Fla. Stat. Ch. 732
Governs the execution requirements for valid wills in Florida, intestate succession, the elective share, and the rights of pretermitted spouses and children.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC