Wills FAQs

To be legally valid in Florida, a will must meet the following requirements:

• The testator (person creating the will) must be at least 18 years old and of sound mind.
• The will must be in writing.
• The will must be signed by the testator (or by someone else in the testator’s presence and at their direction).
• The will must be witnessed by two people, who must sign it in the presence of the testator and each other.

Florida does not recognize holographic (handwritten and unwitnessed) or oral wills.

While it’s legally possible to create a will without a lawyer, doing so increases the risk of mistakes that could invalidate the document or lead to confusion after your death. An experienced estate planning attorney can ensure your will complies with Florida law, reflects your wishes, and coordinates with your broader estate plan.

You should review and potentially update your will anytime a major life event occurs, such as:

• Marriage or divorce
• Birth or adoption of a child or grandchild
• Death of a beneficiary or executor
• Acquisition or sale of significant assets
• A move to or from Florida

Even if no major changes occur, it’s a good idea to review your will every three to five years to ensure it still reflects your intentions.

Yes, you can disinherit almost anyone, except your spouse. Florida law grants surviving spouses certain property rights, such as elective share rights, which can override your will unless a valid prenuptial or postnuptial agreement is in place. If you wish to disinherit an adult child or another relative, it’s best to state that intention clearly in your will to avoid confusion or legal challenges.

If you die without a valid will, your estate will be distributed according to Florida’s intestate succession laws. These laws prioritize your closest relatives (such as your spouse, children, or parents) but may not reflect your actual wishes. Additionally, the court will appoint a personal representative to handle your estate, which may not be the person you would have chosen.

Yes. Florida law allows you to designate who will access and manage your digital assets, such as:

• Email and social media accounts
• Cloud storage and online subscriptions
• Cryptocurrency or other digital investments

While you can include these instructions in your will, many people also use a separate digital asset authorization form to streamline access. We can help you plan for digital assets as part of a comprehensive estate plan.

A personal representative (also known as an executor) is the person responsible for managing your estate after your death. This includes gathering assets, paying debts, filing tax returns, and distributing property. You should choose someone:

• Trustworthy and organized
• Familiar with your wishes
• Willing and able to take on the role

In Florida, a personal representative must be either a Florida resident or a close relative (such as a spouse, child, or sibling) if they live out of state.

Many online services offer do-it-yourself wills, but they may not comply with Florida law or account for your unique circumstances. Common issues include:

• Missing or incorrect witness requirements
• Ambiguous language that leads to disputes
• Failure to address key assets or beneficiaries

A will should be as personalized as your life. At Verras Law, P.A., we tailor every estate plan to the specific needs of our clients in Palm Harbor, Tampa, and St. Petersburg.

A will is an essential component of an estate plan, but it’s not always sufficient by itself. Depending on your goals, you may also need:

• A revocable living trust to avoid probate
• Advance directives such as a healthcare surrogate and living will
• Powers of attorney for financial matters
• Beneficiary designations on retirement accounts and insurance policies

An attorney can help you determine the right mix of documents for your situation.