A last will and testament directs how probate assets should be distributed after death. It can name beneficiaries, nominate a personal representative, designate a guardian for minor children, and provide other instructions for estate administration.

Under Florida law, a will generally must be in writing, signed at the end by the testator, and witnessed by two people who sign in the presence of the testator and each other. Florida does not recognize an unwitnessed holographic will merely because it is handwritten. A self-proving affidavit is commonly used so the witnesses ordinarily do not need to testify later to establish proper execution.

A will does not avoid probate by itself, and it only controls assets that pass through the probate estate. Jointly owned property, beneficiary-designated accounts, trust assets, and property transferred through other valid arrangements may pass outside the will. The will should therefore be coordinated with the client’s trust, deeds, account designations, and incapacity documents.

Related services: Trusts, Living Will, Power of Attorney, and Lady Bird Deed.

Contact GAF Real Estate Law to prepare or update a Florida will and coordinated estate plan.