For most young families in Miami, a will is the first legal document they ever sign about death, and that makes it intimidating. The good news is that a Florida will is a clear, flexible tool. It lets you decide who inherits your property and, just as importantly, who would raise your children if you could not. This page explains how wills work under Florida law for people creating one for the first time.
What a Florida Will Actually Does
A will directs how your probate assets are distributed after death and names a personal representative (Florida’s term for an executor) to carry out your wishes. For parents, a will is where you nominate a guardian for your minor children. While a judge has the final say, Florida courts give significant weight to a parent’s nomination, so this is your chance to be heard.
Florida’s Execution Requirements (§732.502)
A will is only valid if it is signed correctly. Under Florida Statute §732.502, your will must be in writing, signed by you at the end, and signed by two witnesses who are present at the same time when you sign or acknowledge your signature. Florida also allows a self-proving affidavit, signed before a notary, which lets the will be admitted to probate without tracking down witnesses years later. A homemade or out-of-state form that ignores these steps can fail entirely.
What a Will Cannot Do
First-time planners often assume a will covers everything. It does not. Assets with beneficiary designations, such as life insurance, retirement accounts, and payable-on-death bank accounts, pass outside your will. Jointly titled property usually passes to the surviving owner automatically. And Florida’s homestead protections may override how you try to leave your primary residence if you have a spouse or minor child.
Protecting Young Children in a Will
Leaving money outright to a minor is a common mistake. A young child cannot legally manage an inheritance, which can force a court guardianship of the property. Many Miami parents instead use a testamentary trust inside the will, or a separate revocable trust, so a trusted adult manages funds until each child reaches an age you choose, such as 25 or 30.
Updating Your Will
Marriage, divorce, a new baby, or a move to Florida from another state are all reasons to review your will. Florida law has specific rules about how marriage and divorce affect existing wills, so a document drafted before a major life change may no longer match your intentions.
Consult a Florida Attorney
This information is general and not legal advice for your situation. Will requirements and the interaction with homestead, beneficiary designations, and guardianship are fact-specific. Please consult a licensed Florida attorney to prepare or update a will that will hold up in a Miami-Dade probate court.
For more on our Florida practice, see our overview of estate planning in Boca Raton. Morgan Legal Group's affiliated New York office also handles Medicaid asset protection trusts.
