How to make a valid will in Florida

A will is one of the most important documents a person signs, and Florida law is precise about how it must be done. A will that is not signed correctly may be rejected by the court, leaving your property to pass under Florida's intestacy laws, the rules for estates without a will, instead of according to your wishes.

Who can make a will in Florida

Any person who is at least 18 years old, or an emancipated minor, and of sound mind may make a will in Florida. Being of sound mind means understanding the nature of your property, the people who would naturally inherit from you, and the effect of signing the document.

The signing requirements

To be valid, a Florida will must be:

• In writing.
• Signed at the end by the person making the will, or by another person in that person's presence and at that person's direction.
• Signed in the presence of two witnesses, who must also sign in the presence of the person making the will and in the presence of each other.

A Florida will does not need to be notarized to be valid. However, adding a self-proving affidavit, signed by the person making the will and both witnesses before a notary, allows the court to accept the will without locating the witnesses after the person's death.

Wills that Florida does not accept

• Handwritten wills without two witnesses. Florida does not recognize an unwitnessed handwritten will, even if the entire document is in the person's own handwriting.
• Oral wills. A spoken statement of wishes has no legal effect as a will in Florida.
• Documents signed without two witnesses, even if they were notarized.

A will signed in another state is generally valid in Florida if it was valid where it was signed, unless it was an unwitnessed handwritten will or an oral will. Florida also permits electronic wills, but only when strict statutory requirements are met.

What to include in your will

• The people or charities who will receive your property, and what each will receive.
• A personal representative to administer your estate, and an alternate. Florida requires this person to be a Florida resident or a qualifying relative, such as a spouse, child, parent, or sibling.
• A guardian for any minor children, and a trust to hold their inheritance until they are older.
• How your home will pass, with Florida's homestead rules in mind.

Where to keep the original will

Florida courts generally require the original will, not a copy. Keep the original in a secure, fire-resistant place, and make sure your personal representative knows where to find it. A safe-deposit box can work, but your family may need the bank's cooperation to open it after your death. After a death, Florida law requires anyone holding the original will to deposit it with the clerk of the circuit court within 10 days of learning of the death.

When to update your will

• You marry, divorce, or lose a spouse. In Florida, a divorce generally revokes provisions in favor of the former spouse, but the rest of the will still needs review.
• A child or grandchild is born or adopted.
• You move to Florida from another state.
• The personal representative or guardian you named can no longer serve.
• Your assets change significantly.

Attorney Season A. Chisholm prepares each will to meet Florida's requirements and supervises the signing at her office, with the required witnesses and a notary present. The first step is a complimentary 15-minute call or in-person consultation.