Legal Requirements

• In order for a will to be considered legally valid in Florida, there are a couple of requirements that must be met. First, you must be a legal adult, age 18 or older, and of sound mind. An exception to this rule exists for emancipated minors. The will must be signed in the presence of two adult witnesses who are also mentally competent. The state of Florida does not prohibit your heirs or other interested parties from serving as witnesses. If you and your witnesses sign the will in the presence of a notary public, it becomes self-proving. This means that your witnesses do not have to appear in court to attest to the validity of the will during probate. Florida law does not recognize oral or holographic wills.
  
  

Scope

• Your Florida will can be used to do a number of things. You may appoint an executor to your estate, create a trust, name guardians for your minor children, make charitable donations, arrange for the payment of debts and distribute your assets and property. Generally, if you own any property jointly with your spouse or another person, this property will automatically transfer to them upon your death. You cannot use a will to distribute assets for which there is already an existing beneficiary, such as life insurance proceeds or a retirement account. You can use a will to specifically disinherit one or more or your children. Your spouse is automatically entitled to a share of your estate, unless different arrangements are made in a separate marital agreement.
  
  

Revision and Revocation

• State law permits you to change any part of your will at any time by attaching a codicil outlining the changes. The codicil must be properly signed and witnessed. You may also revoke your will in its entirety at any time by physically destroying it in the presence of a witness or drafting a document stating your wish to revoke. If you and your spouse divorce or your marriage is annulled or otherwise dissolved, your ex-spouse's right to a share of your estate is automatically revoked.
  
  

Intestacy

• Should you die in Florida without a will, you are considered intestate. The probate court will assume control of your estate and appoint an executor, who will work to locate your heirs and distribute your property according to state law, rather than your specific wishes. Dying without a will frequently increases the length of the probate process and results in greater expense to your estate. If the executor is unable to locate any heirs, the state assumes full control of your assets.