A will can provide clear directions for the probate property it governs and identify the person you want to administer your estate. Florida does not require you to hire an attorney to write one, but legal guidance can help you address execution requirements, family rights and the rest of your estate plan. At Verras Law, P.A., we help clients throughout Palm Harbor, Tampa and St. Petersburg make those choices with care.
Florida’s Legal Requirements for a Valid Will
A will in Florida must meet specific legal criteria to be valid. According to Florida Statutes § 732.502, a valid will must:
- Be in writing. A handwritten will can be valid if it satisfies Florida’s execution requirements; unwitnessed holographic wills and oral wills are different and generally are not recognized.
- Be signed at the end by the person making the will, or by another person subscribing that person’s name in the person’s presence and at the person’s direction. The signing or acknowledgment must occur before the required witnesses.
- Be witnessed by at least two competent individuals who also sign the will in the presence of the testator and each other.
If execution requirements are not met, the will may be invalid. If no other valid will applies, Florida’s intestate succession laws generally determine who receives the affected probate property.
Can You Write a Will Without a Lawyer?
Yes, Florida law allows individuals to write their own wills without the assistance of an attorney. Some people opt for DIY (do-it-yourself) wills, often using online templates or handwritten drafts. While this may seem like a cost-effective solution, it carries significant risks.
The Risks of a DIY Will
- Execution requirements: The signatures and witnesses must satisfy Florida law. An invalid will may leave probate property subject to an earlier valid will or the intestacy rules.
- Unclear or Ambiguous Language: Vague wording can lead to legal disputes among beneficiaries, increasing the likelihood of probate litigation.
- Failure to Account for Changing Circumstances: A generic template may not address issues such as blended families, minor children, or tax implications.
- Overlooking Key Estate Planning Strategies: A coordinated plan can address trusts, health care directives, and appropriate tax planning alongside the will.
Benefits of Hiring a Lawyer to Draft Your Will
An estate planning attorney can help you identify the people, assets and legal rules your will needs to address. The value is in careful planning, clear drafting and proper execution. No document or professional service can guarantee that a challenge will never occur.
- Addressing Legal Requirements: Counsel can review execution formalities, the intended provisions and the statutory rights that may affect your plan.
- Addressing Complex Family Situations: If you have a blended family, minor children, dependents with special needs, or a high-net-worth estate, a simple DIY will may not provide adequate protections. A lawyer can help structure your will to prevent future conflicts.
- Minimizing Estate Taxes and Probate Issues: An attorney can review potential tax consequences and anticipate probate and administration requirements. The work can reduce avoidable problems, although the timing of distributions always depends on the estate.
- Avoiding Will Contests and Legal Disputes: Careful drafting and proper execution can reduce preventable ambiguity and disputes, although no will is immune from a challenge.
- Incorporating Other Estate Planning Tools: A will is only one component of a comprehensive estate plan. An attorney can help you establish trusts, durable powers of attorney, and advance healthcare directives to protect your interests.
What Happens If You Die Without a Will in Florida?
If you pass away without a will, Florida’s intestate succession laws determine how your assets are distributed. Typically:
- If there are no surviving descendants, the surviving spouse takes the entire intestate estate. The spouse also takes the entire estate if all of the deceased person’s descendants are shared with the spouse and the spouse has no other descendants.
- If the deceased person leaves a descendant who is not the spouse’s descendant, the spouse generally takes half of the intestate estate. That half-share also applies when all descendants are shared but the surviving spouse has another descendant.
- If you have no spouse or children, assets may go to other relatives, such as parents or siblings.
Dying intestate can create unintended consequences, including disputes among heirs and assets being distributed against your wishes.
Let Verras Law, P.A. Help You Draft a Legally Sound Will
Legal guidance can help you understand the choices and avoid preventable errors. Verras Law works with individuals and families to prepare coordinated estate plans suited to their circumstances. Contact us to arrange a consultation.
Sources: Florida Statutes § 732.502; Florida Statutes § 732.102.
Updated October 26, 2026.