This page was written, edited, reviewed & approved by Emil J. Fleysher following our comprehensive editorial guidelines. Emil J. Fleysher, the Founding Partner, has 15+ years of legal experience as a bankruptcy attorney. Our last modified date shows when this page was last reviewed.
Planning for what happens after you pass away is one of the most important legal steps you can take. If you live in Florida and have assets, property, or loved ones you care about, making a clear, legal will is essential. A will gives you legal control over how your estate is handled and ensures your wishes are followed. Without one, your assets may not go to the people you intended, and the process could be stressful for your family.
Fleysher Law Bankruptcy & Debt Attorneys understands how personal and emotional estate planning can be. Our team helps Florida residents create legally valid wills that protect their assets, provide for minor children, and streamline the probate process.
Whether you're creating a last will and testament for the first time or updating an old one, we offer guidance every step of the way. We work hard to keep things simple so you don't feel overwhelmed by legal terms or complicated paperwork.
Creating a will in Florida gives you peace of mind. It lets you clearly state who should receive your estate, from money and property to personal belongings. A will also name someone to handle the process so your family members are not left guessing.
If you die without a valid will in Florida, the probate court takes control of your estate and decides how your assets will be distributed based on Florida law, not your personal wishes. This means that your family members, such as your surviving spouse or children, will receive your property according to strict legal guidelines, even if you have different intentions.
Without a written last will, there’s no legal document to guide the process, which can lead to confusion, conflict, and delays during the probate process. It also places an unnecessary burden on your loved ones at a time when they are already grieving.
Under Florida’s intestacy laws, when a person dies without a last will and testament, their estate goes through the probate process, where the court determines who inherits what. These laws follow a specific family hierarchy, giving your surviving spouse, children, or parents your assets, depending on who survives you.
This legal process does not consider personal relationships, promises, or informal agreements. The probate court will also appoint a personal representative to handle your estate administration, which may not be the person you would have chosen. This process can become costly and time-consuming, especially if there are disagreements among family members or unclear asset records.
Creating a last will gives you complete control over your assets and ensures that your intended beneficiaries (whether they are family, friends, or charities) receive what you want them to have. Instead of letting the probate court apply one-size-fits-all rules, your will clearly outlines your choices, including who should take care of your minor children, who will manage your estate, and how your property should be divided.
With the help of a trusted estate planning attorney, you can avoid confusion, reduce family conflict, and protect the people and things that matter most to you. Having a will in place also helps your loved ones avoid unnecessary delays and costs during the probate process.
A skilled estate planning attorney in Florida does much more than write documents, they help you clearly plan how your assets will be handled after your death. A Florida will lawyer can guide you through your options, explain the probate process, and help you avoid common mistakes that could lead to confusion or legal challenges in the future.
Fleysher Law Bankruptcy & Debt Attorneys is here to make sure your wishes are honored, your loved ones are protected, and your estate is passed on exactly the way you want.
When you work with a Florida estate planning attorney, you don’t just get a piece of paper, but you also get a clear and lawful plan for your future. The attorney helps you decide who should receive your assets, who should be the personal representative of your estate, and who should care for your minor children, if needed.
By working with a lawyer, your last will is prepared with proper language and format, giving you peace of mind that your instructions are clear, enforceable, and free from legal risks during the probate process.
Life changes like getting married, having children, buying property, or losing a loved one can affect your estate planning choices. A will lawyer will review your current legal document, suggest changes that reflect your current situation, and make sure those updates follow Florida law.
Keeping your will current helps prevent problems later and ensures your assets go to the right people, even after major life events.
A Florida will lawyer will also make sure that every part of your last will and testament meets the rules set by Florida statute, including how it's signed and witnessed. These details matter a lot. If the will doesn’t follow the law exactly, the probate court may reject it, and your estate could be treated as if you had no will at all.
That’s why it’s so important to have a lawyer who knows the rules and gets everything done right the first time.
To make sure your last will and testament is valid in Florida, there are specific rules you must follow. These rules protect your wishes, reduce probate court issues, and help your family members carry out your plans without confusion.
Working with a trusted estate planning attorney ensures your will meets all the requirements under Florida law and avoids any problems in the probate process later on.
Under Florida law, a person must be at least 18 years old and have a sound mind to create a valid will. This means you need to understand what a will is, the extent of your assets, and who should receive them after your death.
If a probate attorney or court questions your mental capacity later, it could lead to probate litigation or disputes over your estate. That’s why it's important to create your will while you are mentally able to make these decisions clearly.
To be valid, a Florida will must be signed at the end by the person making the will, also called the testator. Two witnesses must also sign the will in your presence and in each other’s presence. These signature and witness steps are essential under Florida estate planning laws.
If any part is done incorrectly, the will could be ruled invalid during the legal process of probate, and your intended beneficiaries might not receive the assets you wanted them to have. A law firm experienced in estate planning makes sure these details are handled the right way.
Florida probate lawyers often get asked if someone can leave a handwritten or spoken will. Florida does not recognize oral wills under any condition. While handwritten wills (also called holographic wills) may be legal in other states, Florida only accepts them if they meet all the standard legal requirements, including being properly signed and witnessed.
This means that even if a will is written by hand, it will not be valid in Florida unless it follows the same rules as any typed legal document. It’s always best to use a qualified estate planning attorney to avoid any risk.
Creating a will is an important step in your estate planning, but small mistakes can lead to big problems during the probate process. Errors might delay asset distribution, create stress for family members, or even cause your will to be challenged in probate court. A skilled estate planning attorney can help you avoid these issues by reviewing your documents carefully.
1. Not Meeting Legal Formalities: One of the most common mistakes people make is not following the legal steps required under Florida law. If your will is not properly signed and witnessed, the court may consider it invalid. This means your assets could be passed out under state intestacy laws, not according to your wishes.
Using an experienced law firm ensures your last will and testament meets all legal requirements and is ready for the probate process when the time comes.
2. Failing to Name a Personal Representative: Another major mistake is not naming a personal representative, also known as an executor. This person is responsible for handling your estate administration, paying debts, and making sure your assets go to the right people.
If you don’t name someone, the court will appoint one for you, which can lead to delays or disagreements. A trusted estate planning attorney can help you choose someone reliable and include that choice clearly in your will.
3. Leaving Out Digital or Out-of-State Assets: Many people forget to include digital property like online accounts, email, and digital wallets. Others leave out assets that are located in different states. Both mistakes can create problems in estate litigation or result in missed financial assets.
Your will should clearly mention all types of property to avoid confusion. A good estate lawyer will make sure nothing important is left out, especially if your estate involves multiple locations or types of property.
Many people wonder whether they need just a will or if a living trust is a better fit for their estate planning goals. The right choice often depends on your unique situation, the value of your assets, and how you want those assets passed down.
Working with an experienced estate planning attorney can help you understand how each option works under Florida law.
A last will and testament becomes active only after your death and must go through the probate process, which involves the probate court.
A living trust, on the other hand, takes effect during your lifetime and allows for the transfer of assets without going through probate.
A will names a personal representative to manage your estate, while a trust document appoints a trustee to handle your trust assets. While both tools can help with asset distribution, they operate in different ways and come with separate responsibilities.
A revocable trust can be a better option for people who want to avoid probate, maintain privacy, or manage complex financial assets. It’s also helpful if you own property in multiple states, have minor children, or are concerned about future estate litigation.
Trusts are often used for asset protection or to manage funds over time for a surviving spouse or other intended beneficiaries. An estate planning attorney can review your estate planning needs and explain whether setting up a trust would serve your goals more effectively than relying on a will alone.
In many cases, using both a will and a living trust together gives you stronger control over your estate. For example, a pour-over will can be used to transfer any remaining personal property or forgotten assets into your trust at the time of your death.
This ensures all property is handled as you intended, even if it was not titled in the name of the trust. A skilled estate lawyer will help you set up both documents correctly so they work together to protect your legacy, reduce the need for probate litigation, and help your family members avoid confusion or legal delays.
Life can change quickly. When big things happen, your will should change too. Keeping your will updated helps make sure your estate, assets, and wishes are still handled the way you want. A trusted estate planning attorney can review your will and help you make updates that match your current life and goals.
If you get married, divorced, or have a baby, it’s time to look at your will again. These changes affect who should get your things and who should help manage your estate. If you don’t update your will, someone you no longer want in your plan (like an ex-spouse) might still be listed.
Buying a house, selling property, or getting a large amount of money are big reasons to change your will. You want to make sure your new assets are shared the right way after you pass away. A clear will helps your family members avoid problems later.
If you move to Florida or leave the state, your old will may not meet Florida law or the laws in your new state. Each state has different rules about estate planning and wills. A Florida estate planning attorney can check your will and make sure it still works for your new home.
1. Do I need a will even if I don’t have a large estate?
Yes. A will is not just for the wealthy. It helps make sure a person’s assets (like money, home, or belongings) go where you want after your death. Without a will, the court decides how to divide the decedent’s estate, which may not match your wishes.
2. What is the difference between a will and a trust?
A will goes into effect after a person’s death. A trust can manage your assets while you are alive and after you pass away. A trust also helps avoid probate, which can save time and money. A trust is a legal arrangement that can also offer asset protection and may help reduce estate taxes.
3. Can my spouse and I write one will together?
No. Florida requires separate wills for each person. Even married couples need two separate wills to make their own choices about distributing assets. This also helps prevent potential conflicts between families after one spouse passes away.
4. What if someone challenges the will after I die?
A family member might claim undue influence or that the will is not valid. This could lead to trust litigation or estate litigation, which can be stressful for your decedent’s family. Having a will written by a law office with experience in estate planning makes challenges less likely.
5. How can Fleysher Law help with my estate planning needs?
Our law office serves clients across South Florida, including Orange County, Boca Raton, and nearby areas. We help you write strong wills and trusts, explain how a trust involves your assets, and guide you through the legal process. We also offer a complimentary consultation to go over your needs and answer your questions. Our team makes this daunting task simple and clear.
Planning ahead gives peace of mind, not just for you, but also for your loved ones. Fleysher Law Bankruptcy & Debt Attorneys understands how important it is to properly manage your estate and make sure your decedent’s wishes are respected. Whether you're creating a new will, updating an old one, or comparing a will with a trust, our team is here to help.
We provide clear guidance and trusted legal assistance in all estate-related matters. Our practice areas include wills, trusts, estate planning, and more. We know how confusing and emotional these decisions can be, which is why we make the process as easy as possible.
Getting a will prepared doesn’t have to be difficult. It can actually be extremely helpful for your family when the time comes. Contact us today for a free consultation and get the peace of mind you deserve.
Emil specializes in consumer bankruptcy, debt settlement, and mortgage modification, offering a holistic approach to solving mortgage and debt problems. Emil listens to clients, understands their circumstances and goals, and helps them make the right choices by presenting all options and contingencies.
He is dedicated to helping South Floridians regain their financial freedom from overwhelming debt caused by high interest credit cards, bad mortgage loans, and uninsured medical expenses.
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