Understanding Wills in Florida

Planning for the future is essential, and one of the most important steps you can take is creating a Last Will and Testament. In Florida, a Will ensures that your assets are distributed according to your wishes after your passing. At The Tanios Law Firm, we guide clients through the estate planning process, ensuring their Will is legally valid and effective.

What Is a Will?

A Will is a legal document that outlines how a person's property and assets should be distributed upon their death. It can also designate guardians for minor children and specify funeral arrangements. Without a Will, Florida’s intestate laws will determine how your estate is divided, which may not align with your personal preferences.

Requirements for a Valid Will in Florida

For a Will to be legally enforceable in Florida, it must meet specific requirements:

1. The Testator Must Be of Sound Mind

   • The person creating the Will (the testator) must be at least 18 years old or an emancipated minor.

   • They must be of sound mind, meaning they understand the nature of their assets, their beneficiaries, and the effect of signing the Will.

     
     

2. The Will Must Be in Writing

   • Florida law does not recognize oral Wills (spoken instructions) or holographic Wills (handwritten Wills that are not properly witnessed).

   • The document must be typed or handwritten and signed in accordance with state law.

     
     

3. Proper Signing and Witnessing

   • The Will must be signed by the testator at the end of the document.

   • It must be witnessed by two competent individuals who must also sign in the testator’s presence.

     
     

4. No Requirement for Notarization

   • While notarization is not required for validity, a self-proving Will (one that is easier to admit to probate) must be notarized with a specific affidavit attached.

     
     

5. No Undue Influence or Coercion

   • The testator must create the Will voluntarily, without pressure or manipulation from others.

     
     

What Happens If You Die Without a Will?

If a person passes away without a Will, Florida’s intestate succession laws will determine who inherits their estate. Typically, this means:

• Spouses and children inherit first.

• If there are no direct heirs, the estate may go to parents, siblings, or more distant relatives.

• Without living relatives, assets could go to the state of Florida.

  
  

This distribution may not align with your wishes, making it critical to draft a Will with the guidance of an estate planning attorney.

How We Can Help

At The Tanios Law Firm, we provide personalized legal services to ensure your Will is legally valid and reflects your exact wishes, Attorney Alexander (Alex) Tanios can assist with:

• Deciding what the best estate planning tool is for your needs

• Draft and execute a legally sound Will.

• Update your Will when life circumstances change.

• Ensure your estate planning aligns with Florida laws.

Start Planning for Your Future Today

Don’t leave your legacy to chance. Contact The Tanios Law Firm today to schedule a consultation and take the first step toward securing your family’s future. Call Attorney Alexander (Alex) Tanios today at 407-276-8229 to begin assisting you with your needs.