Attorney
Preparing a will is an opportunity to make thoughtful choices about your property and the people who may help administer it. Before signing, it is useful to review both what the will says and how it fits with the rest of your arrangements.
Know which property the will controls
Begin with an inventory of real estate, financial accounts, business interests and significant personal property. Identify how each asset is titled and whether it has a beneficiary designation. A will generally directs probate property; it does not automatically control assets passing through a trust, survivorship ownership or a valid beneficiary arrangement.
Include digital assets and important online accounts in the inventory. Keep access information in a secure place separate from the will, which may become a public court record. Legal authority and knowledge of a password are not the same thing. Account-provider directions and the applicable digital-asset rules should be coordinated with your documents.
Choose a personal representative
A will nominates the person who will administer your probate estate, subject to court appointment and legal eligibility. Consider reliability, judgment, organization and willingness to communicate with beneficiaries. Ask whether the proposed person is willing to serve, and identify an appropriate alternative.
Florida permits resident adults who otherwise qualify and certain categories of nonresident relatives to serve. Being a trusted friend living outside Florida does not, by itself, satisfy the eligibility rules. The choice should be checked before the document is signed.
Plan for minor children
If you have minor children, discuss whom you would want to care for them if a guardian is needed, and who should manage their financial support. These roles may be assigned to the same person or different people, depending on the circumstances.
A nomination gives important guidance but does not override a surviving parent’s rights or replace the court’s required decision. Consider suitable alternatives and discuss the responsibility with the people you nominate. We help with preventive planning. We generally do not accept new guardianship matters except for existing clients. For new guardianship matters outside that scope, we can help arrange a referral to trusted colleagues.
Review the details and the signing process
Confirm names, relationships, alternate beneficiaries and the treatment of property not specifically listed. Florida has execution requirements involving the testator’s signature and witnesses. A notary alone does not replace the required witnesses. A properly prepared self-proving affidavit can assist with later proof of the will, but it does not cure every defect.
Without an effective will, Florida’s intestacy rules determine the heirs to probate property. A coordinated plan gives you a way to make deliberate choices within the protections the law provides for spouses and children.
We can help you review those choices and complete the necessary documents with care. Let us know your questions before signing so you understand both the instructions and the next steps.
Sources: Florida will execution; Nonresident personal-representative eligibility; Preneed guardian for a minor; Directions for digital-asset disclosure.
Updated October 26, 2026.