Creating a will is one of the most important steps you can take to protect your loved ones and ensure your wishes are honored. Yet, many Floridians delay this essential task because they assume it’s complicated or only necessary for the wealthy. The truth is that every adult with assets, dependents, or specific wishes for their estate should have a will.

Whether you’re just starting your estate planning journey or reviewing an old plan, understanding a few key principles can make the process much smoother. Below are three essential things to know before writing your will in Florida.

1. Florida Has Specific Legal Requirements for a Valid Will

Before drafting your will, it’s important to understand that Florida law sets clear standards for what makes a will legally valid. Under Chapter 732 of the Florida Probate Code, a will must meet these basic requirements:

The testator (the person making the will) must be at least 18 years old and of sound mind.
The will must be in writing—oral wills are not recognized in Florida.
The testator must sign the will (or direct someone else to sign it in their presence).
Two witnesses must sign the will in the presence of the testator and each other.

Failing to meet these formalities can result in a court declaring your will invalid, leaving your estate to be distributed under Florida’s intestacy laws, which determine who inherits if no valid will exists.

Pro Tip: Don’t rely on online templates. Every family’s situation is unique, and small mistakes can lead to big legal problems later. Working with an experienced estate planning attorney ensures your will complies with Florida law and reflects your true intentions.

2. You Should Name a Personal Representative You Trust

In your will, you’ll name a personal representative—sometimes called an executor—to manage your estate after your death. This person’s responsibilities include paying debts, distributing assets, and working with the probate court.

Under Florida Statute §733.301, the personal representative must be at least 18, mentally competent, and a Florida resident—or, if not a resident, closely related by blood, marriage, or adoption.

When choosing someone for this role, consider:

Trustworthiness and reliability. This person will handle sensitive financial and legal matters.
Location. A Florida resident is usually the most practical choice.
Willingness and ability. Confirm that your chosen representative is comfortable with the responsibility.

You may also name an alternate representative in case your first choice cannot serve.

3. Your Will Is Just One Piece of a Comprehensive Estate Plan

A will is a vital part of estate planning, but it doesn’t cover everything. Certain assets—like trusts, jointly owned property, life insurance, and retirement accounts—are distributed outside of your will. Additionally, other legal documents play a major role in protecting your wishes and your family:

Powers of Attorney: Authorizes someone to handle financial and legal matters if you become incapacitated.
Health Care Advance Directives: Allows you to name a health care surrogate and outline your medical wishes under Chapter 765 of the Florida Statutes.
Revocable Living Trusts: Can help your estate avoid probate and provide privacy and efficiency in asset distribution.

Remember: Estate planning isn’t just about what happens after you pass away—it’s about protecting yourself and your family throughout your life.

Remote Estate Planning Made Simple

At McNary Law, we understand that life can be busy, and visiting an attorney’s office isn’t always convenient. That’s why we offer remote estate planning services, allowing you to complete your will and related documents securely from the comfort of your home.

Our experienced attorneys will guide you through every step, from clarifying your wishes to ensuring all legal requirements are met. Whether you live in Bradenton, Sarasota, or Lakewood Ranch, we make the process straightforward and stress-free.

Final Thoughts

Writing your will doesn’t have to be intimidating. With the right guidance, you can create a clear, legally sound plan that gives you peace of mind and protects your loved ones.

If you’re ready to take the next step in securing your family’s future, we’re here to help.

Click here to send us a message or call us today at 941-345-1662 to schedule a consultation.