A will is not a document you sign once and never look at again. Life changes marriages, divorces, new children, deaths of people named in your plan, changes in what you own and your will needs to keep up. The good news is that a will can be updated at any time while you are alive and of sound mind. The important thing is doing it correctly, because an informal change a handwritten note, a line crossed out, a margin annotation carries no legal weight in Florida and can actually create problems for the family you were trying to help.
This guide covers how to change a will in Florida, when a simple amendment is enough, when a full rewrite makes more sense, what happens to your will automatically after major life events, and when updating a will is actually the right moment to reconsider whether a revocable living trust might serve your family better. If you have existing documents you want reviewed, Attorney Yanitza Schoonover offers a free consultation to identify what needs to change and what it will cost before any work begins.
Can You Change a Will After It Has Been Signed?
Yes. A will can be changed at any point during your lifetime, as long as you have testamentary capacity meaning you understand what a will is, what you own, who your natural heirs are, and how the document distributes your estate. There is no waiting period and no limit on how many times a will can be amended or replaced.
There are two ways to change a Florida last will and testament: you can execute a formal amendment called a codicil, or you can revoke the existing will entirely and replace it with a new one. Both options are legally valid. Which one makes sense depends on how much is changing.
What you cannot do is change a will by marking it up. Writing on the document, crossing out names, adding beneficiaries in the margins, or attaching a note none of these create a valid change in Florida. They can also raise questions about your intentions and give someone grounds to challenge the entire document in probate court.
What Is a Codicil to a Will in Florida?
A codicil is a formal legal amendment to an existing will. It does not replace the will it modifies specific provisions while leaving the rest of the original document in place. A codicil must satisfy the same execution requirements as the original will: you must sign it at the end, two witnesses must sign in your presence and in each other’s presence, and adding a notarized self-proving affidavit is strongly recommended.
When a Codicil Makes Sense
A codicil works well for targeted, limited changes updating the name of your personal representative, adding a specific bequest, or correcting a minor error. If the change is clear, narrow, and does not affect the overall structure of the document, a codicil is a straightforward solution.
When a New Will Is the Better Choice
For anything more substantial a new spouse, a divorce, the birth of a child, a major shift in your assets, or a full rethinking of how your estate should be distributed a new will is almost always cleaner. A will with multiple codicils can become difficult to interpret. When there are conflicts between the original and the amendments, or when it is unclear which version of a provision controls, the result is often exactly the kind of dispute your estate plan was supposed to prevent.
Most estate planning attorneys recommend a complete rewrite whenever the changes are significant, because a single, clear, current document is always easier to administer than a patchwork of amendments.
How to Execute a Valid Change to Your Will in Florida
Whether you are signing a codicil or a new will, the execution requirements under Florida Statutes §732.502 are the same:
- Must be in writing. No oral changes, no video statements, no voice memos.
- You must sign at the end. If you are physically unable to sign, you may direct someone else to sign in your presence.
- Two witnesses must be present. Both must watch you sign and must sign in your presence and in each other’s presence. Anyone named as a beneficiary in the document should not serve as a witness.
- A notarized self-proving affidavit is not required, but strongly recommended. It allows the probate court to admit the document without calling your witnesses to testify, which simplifies the process significantly for your family years from now.
Executing a codicil informally without witnesses, or with witnesses who did not sign in each other’s presence, or with a signature in the wrong location produces a document that Florida courts are likely to reject. The cost of having an attorney oversee the execution is far less than the cost of a probate dispute over a defective amendment.
How to Revoke a Will in Florida
Florida Statutes §732.505 provides two ways to revoke a will:
- By a subsequent written instrument. A new will that expressly states it revokes all prior wills and codicils is the cleanest approach. There is no ambiguity about which document controls.
- By physical act. You or someone acting in your presence and at your direction can burn, tear, cancel, obliterate, or destroy the will with the intent to revoke it. The key word is intent: accidentally damaging a will does not revoke it.
If you have an original will stored with an attorney, in a safe, or filed with the circuit court, make sure the revocation or destruction covers that original not just a copy. A photocopy of a will cannot be revoked.
Executing a new will with a clear revocation clause is almost always the preferred approach. It creates a clean paper trail, leaves no room for argument about whether the old document is still valid, and ensures your most current wishes are unambiguous. See what happens after someone dies in Florida for a fuller picture of how the probate process uses these documents.
Life Events That Should Trigger a Will Update
Florida law does not automatically update your will every time your life changes with one significant exception noted below. Here are the situations that should prompt an immediate review:
Marriage or Remarriage
Getting married after signing a will does not revoke the will in Florida. However, if your new spouse is not mentioned in the document, Florida law may give them the right to claim an elective share of your estate potentially a portion you intended for someone else. Updating your will immediately after marriage is the right move.
Divorce
This is the one situation where Florida law does step in automatically. Under Florida Statutes §732.507, a final judgment of dissolution of marriage automatically revokes any provision in your will that benefits your former spouse including any appointment of your former spouse as personal representative. The rest of the will stays in effect. But “automatic revocation of the ex-spouse’s gift” is not the same as a fully updated estate plan. If your ex was the primary beneficiary, the remainder of the estate now passes under your will’s contingent provisions which may or may not reflect what you actually want. Updating your will after divorce is not optional; it is essential.
Birth or Adoption of a Child
Florida’s pretermitted child statute (§732.302) provides some protection for children born or adopted after a will was signed, but the protection is limited and conditional. Naming your children directly in your will including any new children and specifying their shares is far more reliable than depending on a statutory safety net.
Death of a Beneficiary or Named Fiduciary
If a beneficiary named in your will dies before you do, their share passes according to your will’s contingent provisions or, if there are none, under Florida’s antilapse statute. If your personal representative dies or becomes unable to serve and you have not named an alternate, a court will appoint one. Updating your will to name current, living beneficiaries and alternates is the straightforward fix. The same principle applies when choosing a successor trustee in a trust-based plan.
Significant Change in Assets
A will that leaves specific dollar amounts or specific pieces of property to named individuals can produce unexpected results when those amounts or properties no longer exist or when new, significant assets have been acquired. If you have purchased a home, sold a business, received an inheritance, or significantly changed what you own, your will should be reviewed to make sure the distribution plan still works as intended. This is also a good time to consider whether a Lady Bird Deed or a funded trust could eliminate probate on any of those new assets.
Moving to or from Florida
A will validly executed in another state is generally recognized in Florida if it was valid where it was signed. But Florida has specific rules about homestead, elective share, and personal representative eligibility that a will drafted in another state may not address. If you have moved to Florida and your will was drafted elsewhere, having it reviewed by a Florida estate planning attorney is a worthwhile step.
What Happens If You Never Update Your Will?
An outdated will does not get updated automatically. It goes through probate exactly as written even if the person it names as personal representative died ten years ago, even if the beneficiary it names is your ex-spouse’s parent, even if the assets it references no longer exist. Florida’s courts will interpret your will as written, not as you would have wanted it to read.
An outdated will can also be challenged more easily. A document that does not reflect your current family or financial situation especially one that leaves a spouse out entirely, or names a deceased person, or omits a child born after signing gives interested parties more grounds to question whether the document represents your true wishes. A challenge to a will on grounds of undue influence or lack of capacity is much harder to sustain against a recently updated, properly executed document with contemporaneous attorney records behind it.
When Updating a Will Is the Right Time to Consider a Trust
Reviewing your will is a natural moment to ask whether a will alone is still the right tool. For many Florida families, the answer changes over time.
A will, no matter how well drafted, goes through probate. Probate in Florida is public, time-consuming, and expensive attorney fees are set by statute at roughly 3% of the gross estate value, regardless of what debts remain. A revocable living trust passes assets to your beneficiaries without any court involvement, stays completely private, and is just as flexible as a will you can change it or cancel it at any time during your lifetime.
A trust is worth serious consideration if you own real estate in Florida, if you have a blended family or a complicated beneficiary structure, if you have accounts in multiple states, or if privacy matters. A Lady Bird Deed can handle the real estate piece specifically without the full cost of a trust. Both approaches can be combined for a complete probate-avoidance plan.
The difference between a revocable and irrevocable trust in Florida is also worth understanding if asset protection or Medicaid planning is a concern. Most Florida families start with a revocable trust which keeps you in full control and consider irrevocable structures only when a specific protection goal requires it.
If you are updating your will and wondering whether a trust makes more sense for where you are now, the free consultation is exactly the right place to work through that question. Attorney Schoonover will review what you own, who you want to protect, and what each option actually costs before any work begins. See also: how to fund a revocable living trust in Florida and how to avoid probate in Florida.
Frequently Asked Questions
Can you change a will after it has been signed in Florida?
Yes. A will can be changed at any time during your lifetime, as long as you are of sound mind. You can execute a codicil a formal amendment or revoke the old will and replace it with a new one. Both require the same formalities as the original will.
What is a codicil to a will in Florida?
A codicil is a formal legal amendment to an existing will. It must be signed and witnessed with the same formalities as the original your signature at the end, two witnesses present together, and ideally a notarized self-proving affidavit. A handwritten note or an unmarked change to the document is not a valid codicil in Florida.
Does marriage automatically change your will in Florida?
Marriage does not automatically revoke an existing will in Florida. However, if you marry after signing your will and your spouse is not mentioned in it, Florida law may grant your surviving spouse an elective share of your estate regardless of what the will says. Updating your will after marriage is strongly recommended.
Does divorce automatically change your will in Florida?
Yes, partially. Under Florida Statutes §732.507, a final divorce judgment automatically revokes any provision that benefits your former spouse, including their appointment as personal representative. The rest of the will stays in effect but the overall plan may no longer reflect your wishes, so a full update is still essential.
Can you cross out or write on a will to change it in Florida?
No. Writing on, crossing out, or annotating an existing will does not create a valid change in Florida. Alterations without proper execution formalities are not recognized and can invite a court challenge to the entire document.
What life events should trigger a will update in Florida?
Marriage, divorce, the birth or adoption of a child, the death of a beneficiary or named personal representative, a significant change in your assets, a move to or from Florida, and any major shift in your family relationships or wishes.
Is it better to amend a will or write a new one in Florida?
For minor changes, a codicil can work. For significant changes, a complete rewrite is cleaner and reduces the risk of confusion or conflict between the original will and the amendment. Most estate planning attorneys recommend a new will when the changes are substantial.
How do you revoke a will in Florida?
By physically destroying it with the intent to revoke, or by executing a new will that expressly states it revokes all prior wills. Executing a new will with a revocation clause is the preferred approach it creates a clean record and leaves no ambiguity.
When should I consider switching from a will to a trust in Florida?
A revocable living trust is worth considering when you own real estate in Florida, when avoiding probate is a priority, when you have a blended family or complex beneficiary situation, or when privacy matters. A trust can be changed or cancelled at any time, just like a will and it never goes through probate.
Does The Schoonover Law Firm offer a free consultation for will updates?
Yes. Attorney Schoonover offers a free initial consultation to review your existing documents, identify what needs to change, and explain exactly what the update will cost before any work begins. Phone and Zoom appointments are available Monday through Sunday, 8:00 AM to 9:00 PM.
Work With a Florida Estate Planning Attorney
Losing a loved one is hard enough. Navigating the legal and financial obligations of trust administration should not add to that burden. Whether you are a successor trustee unsure where to begin, a beneficiary with concerns about how the estate is being handled, or a grantor who wants to confirm your trust will work exactly as intended, The Schoonover Law Firm, P.A. is here to guide you through every step.
If you signed a trust with another attorney and are not sure whether it is properly funded, Medicaid estate recovery in Florida and the other consequences of an improperly administered trust are real. A consultation is a straightforward appointment that can catch problems before they become costly for your family.
Call (305) 299-7496 or email info@estateplanningattorney.us to schedule a free initial consultation. Phone and Zoom appointments are available Monday through Sunday, 8:00 AM to 9:00 PM.
The Schoonover Law Firm, P.A. | 6303 Waterford District Drive, Suite 400, Miami, FL 33126 | Florida Bar #124081
