Wills
What Is a Florida Last Will and Testament?
A Florida last will and testament is a legally enforceable document that records three decisions you cannot afford to leave to a court: who receives your assets, who manages your estate, and who raises your children. It is one of the most important estate planning documents a Florida family can have. Without it, the state decides how your assets are distributed. The result may not reflect your relationships, values, or wishes.
Creating a will in Florida is not the same as doing full inheritance planning. A will controls only your probate assets those in your name alone with no beneficiary named. Bank accounts with a named beneficiary, retirement accounts, and life insurance policies all pass outside your will. Jointly owned property also passes outside your will regardless of what it says.
A complete estate plan coordinates your will with those beneficiary designations so assets are distributed exactly as you intended.
A will does not avoid probate. Every asset passing through a will goes through Florida probate court before it reaches your beneficiaries. If avoiding that process is your goal, a revocable living trust is the stronger tool. Most South Florida families use both.
What Makes a Will Legally Valid in Florida
Florida Statute 732.502 defines what every legal will must include to be legally binding at death. Missing a single requirement can result in the will being declared invalid in probate court, with assets distributed under intestacy law instead of your instructions.
Age and Testamentary Capacity
You must be at least 18 years old, or an emancipated minor. You must have testamentary capacity meaning you understand what property you own, who your natural beneficiaries are, that you are signing a document, and that it directs what happens to your property when you die.
The Will Must Be in Writing
Florida does not recognize oral wills. Handwritten wills without witnesses called holographic wills are also not valid in Florida, even if clearly signed and dated. This is the most common reason DIY attempts fail in probate court.
Your Signature at the End
You must sign at the end of the document. If you are physically unable to sign, another person may sign your name at your direction and in your presence. The signature must appear at the end of the document, not mid-page or on a cover sheet.
Two Witnesses Who Sign Together
Both witnesses must be present when you sign and must sign in each other's presence. Witnesses who signed at different times or in different locations make the will invalid. Florida does not require a notary, but a self-proving affidavit signed by a notary streamlines probate significantly.
She oversees every will execution she prepares witnesses, sequencing, notary, and self-proving affidavit are completed correctly the first time.
What a Florida Will Does: and What It Cannot Do
Four things your will controls, and three things it cannot no matter what it says.
Asset Distribution
You name beneficiaries and decide exactly what each receives a percentage of the estate, a cash amount, a named piece of property, or the full residue. Gifts of specific items are called specific bequests. Whatever remains after debts and specific bequests passes through the residuary bequest.
Personal Representative Designation
You name the person who administers your estate through probate collecting assets, paying debts and taxes, and distributing what remains to your beneficiaries once the court approves. This is the Florida term for what other states call an executor.
Guardian Nomination for Minor Children
Naming a guardian in your will is the only formal legal way to record your preference. Florida courts give significant weight to the parent's nominated guardian. Without a nomination, a judge makes that decision alone with no guidance from you.
Testamentary Trust
Your will can create a testamentary trust that takes effect at your death. This is appropriate for minor beneficiaries who should not receive a lump sum, beneficiaries with special needs, or inheritances you want distributed over time rather than all at once.
Three Things Your Will Cannot Override
These three limitations apply regardless of what your will says. Understanding them is essential for coordinating a complete estate plan.
Override Beneficiary Designations
A life insurance policy that names your spouse directs proceeds to your spouse regardless of what your will says. The beneficiary designation always controls. Your will and your designations must be coordinated as a single plan.
Avoid Probate
Every asset passing through a will goes through Florida probate court. Formal administration for larger estates takes nine to eighteen months on average in Miami-Dade County. A revocable living trust is the right tool if probate avoidance is your goal.
Override Your Spouse's Elective Share
Under Florida Statute 732.201, a surviving spouse is entitled to 30 percent of the elective estate regardless of the will's instructions. Disinheriting a current spouse requires a valid prenuptial or postnuptial agreement.
What Happens If You Die Without a Will in Florida
Without a will, your assets are distributed according to Florida’s intestacy statute, Chapter 732. This is a fixed legal formula that does not consider your actual relationships, your intentions, or your family’s specific needs.
| Your Situation at Death | How Florida Law Distributes Your Estate |
|---|---|
| Married, all children from this marriage | Spouse receives everything |
| Married, children from a prior relationship | Spouse receives half, your children receive half equally |
| Single with children | Children receive everything in equal shares |
| Single, no children | Parents first, then siblings, then extended family |
| No surviving relatives | Estate escheats to the State of Florida |
An unmarried partner, a stepchild you never formally adopted, a close friend, a caregiver, or any charity you intended to support. It also gives a court full authority to decide who raises your minor children with no input from you. Creating a legally binding will costs far less than the consequences of not having one.
If you have minor children, your homestead cannot be freely transferred through a will or trust. Florida’s constitution restricts this regardless of what your documents say. Attorney Schoonover reviews homestead status, marital status, and minor child exposure before drafting every will.
Will vs. Trust Florida: Which One Does Your Family Need?
The will vs. trust question is the one Attorney Schoonover hears most often. The key difference is probate. A will goes through probate court. A trust does not. Here is how they compare across every factor that matters for South Florida families.
| Factor | Last Will and Testament | Revocable Living Trust |
|---|---|---|
| Goes through probate | Yes: always | No: assets pass directly |
| Becomes public record | Yes: filed with the court | No: stays completely private |
| Takes effect | Only at death | Immediately, including during incapacity |
| Covers multiple states | Requires probate in each state | One trust covers all states |
| Guardian nomination | Yes: named in the will | No: a separate will is still required |
| Typical cost | Lower: part of estate plan package | Higher: full trust package |
| Probate timeline if used alone | 9 to 18 months in Miami-Dade | No probate required |
A will alone works for simple estates where probate is acceptable. A living trust is the stronger tool when you own real property, have assets in multiple states, or want seamless management during incapacity as well as at death. Most Miami-Dade, Broward, and Palm Beach families benefit from both the trust handles the major assets and the will catches anything not transferred into the trust.
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Why Families Choose Attorney Schoonover
As a dedicated estate planning lawyer serving Miami-Dade, Broward, and Palm Beach families, Attorney Schoonover prepares every estate planning document your will, trust, power of attorney, and healthcare directives as an integrated plan. Inheritance planning done correctly means all your documents point in the same direction.
Years in Estate Law
Years Licensed
Consecutive Rising Stars
Weekly Availability
What You Get When You Work With This Firm
Attorney-Drafted Every Time
Yanitza Schoonover, Florida Bar #124081, personally prepares and reviews every will.
Flat Fee in Writing
All fees confirmed before work begins. No hourly billing. No surprise invoices. You know the cost upfront before any documents are drafted.
Execution Handled Correctly
Attorney Schoonover oversees the signing ceremony for every will witnesses, notary, self-proving affidavit, and signing sequence are all completed in the legally required order.
Bilingual, English and Spanish
Full will preparation and consultation available in Spanish for Miami-Dade families. Hablamos español. Miami-Dade County is approximately 67% Hispanic or Latino.
91 Hours of Weekly Access
Available Monday through Sunday, 8:00 AM to 9:00 PM. Estate planning questions do not wait for standard business hours.
Every Document Coordinated
Your will is reviewed alongside your powers of attorney, healthcare directives, trust, and beneficiary designations. Nothing conflicts. Nothing is left unaddressed.
Areas We Serve
The Schoonover Law Firm serves clients statewide across Florida. Attorney Yanitza Schoonover is based at 6303 Waterford District Dr, Suite 400, Miami, FL 33126 and primarily serves families in the following areas.
Miami-Dade County
Miami, Hialeah, Coral Gables, Miami Beach, Homestead, Miami Gardens, North Miami, Doral, Aventura, Cutler Bay, Palmetto Bay, Pinecrest, South Miami, Miami Lakes, North Miami Beach, Opa-locka, Sweetwater, Sunny Isles Beach, Bal Harbour, Key Biscayne, Miami Shores, Surfside, Biscayne Park, El Portal, West Miami, Virginia Gardens, Medley, Hialeah Gardens, Florida City, North Bay Village, Bay Harbor Islands, Golden Beach, Miami Springs, Islandia, Westchester, Tamiami, Kendale Lakes, The Hammocks, Fountainebleau, University Park, Olympia Heights, Gladeview, Leisure City, Naranja, Princeton, Three Lakes, Country Club, Kendall
Broward County
Fort Lauderdale, Plantation, Hollywood, Pembroke Pines, Miramar, Coral Springs, Pompano Beach, Davie, Deerfield Beach, Sunrise
Palm Beach County
Boca Raton, West Palm Beach, Delray Beach, Boynton Beach, Lake Worth, Wellington, Greenacres
Attorney Yanitza Schoonover serves all South Florida. Call (305) 299-7496 for any Florida location not listed.
Frequently Asked Questions About Florida Wills
What do I need to create a will in Florida?
What makes a will legally binding in Florida?
A will is legally binding in Florida when it meets all requirements under Florida Statute 732.502: written form, signed at the end by a testator with capacity, and witnessed by two people who signed in each other’s presence and in the testator’s presence. A holographic (handwritten) will without witnesses is not legally binding in Florida. An oral will is not legally binding under any circumstances. Attorney Schoonover’s signing ceremony ensures every requirement is met.
Is a living trust better than a will in Florida?
When comparing a living trust vs. will in Florida, neither is universally better, they serve different purposes. A will is essential for naming a guardian for minor children and handles assets that do not fit neatly into a trust.
A living trust is better for avoiding probate and managing property across multiple states. Most South Florida families with real estate benefit from having both. Attorney Schoonover recommends the right combination based on your specific assets and family situation.
Can I change my will after it is signed?
Yes, at any time before death as long as you have testamentary capacity. You can execute a new will that revokes the prior one, or sign a codicil, a formal amendment. A codicil must meet the same execution requirements as the original will. For significant changes, most attorneys recommend drafting a new will entirely to avoid confusion about which version controls.
Does a will avoid probate in Florida?
No. A will is a direction to the probate court, not a way around it. Every asset that passes through a will must go through Florida probate. If avoiding probate is your goal, you need a revocable living trust, beneficiary designations, or a Lady Bird deed for real property. Attorney Schoonover offers all of these as part of a complete estate planning package.
Do you offer will drafting consultations in Spanish?
Yes. All consultations and document preparation are fully available in Spanish. Hablamos español. Llámenos al (305) 299-7496.
Ready to Create a Legally Valid Florida Will?
Call (305) 299-7496 or email info@estateplanningattorney.us. Attorney Schoonover reviews your assets, family structure, and estate planning goals in the first consultation. A flat fee quote is delivered before legal work begins.
Attorney Schoonover also prepares revocable living trusts, durable powers of attorney, healthcare surrogate designations, living wills, and Lady Bird Deeds as part of a complete Florida estate plan.
Start With a Free Consultation
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Email info@estateplanningattorney.us
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Schedule a Free Consultation at estateplanningattorney.us
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In-person meetings by appointment only.
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