Will

Definition: A will is a legal document that outlines how a person’s property, assets, and personal affairs will be managed and distributed after their death. It allows the individual, known as the testator, to specify beneficiaries, appoint an executor to manage the estate, and name guardians for minor children. A valid will ensures that the testator’s wishes are followed according to the law and can help prevent disputes among heirs. Without a will, a person’s estate is distributed according to state intestacy laws rather than personal preferences.

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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:

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:

A will CANNOT:

Related Terms

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

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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