A will remains the foundation of any estate plan, even for high-net-worth families who rely heavily on trusts and beneficiary designations. In Florida, your will controls how probate assets are distributed, names the personal representative who administers your estate, and can establish testamentary trusts for children or other heirs. For affluent clients, the stakes are higher: an invalid or poorly drafted will can throw a substantial estate into contested probate litigation.
What Makes a Florida Will Valid
Florida Statutes section 732.502 sets strict execution requirements. The will must be in writing and signed by the testator at the end of the document. Two competent witnesses must sign in the presence of the testator and in the presence of each other. Florida does not recognize holographic (handwritten, unwitnessed) wills, even if valid in another state. Affluent clients who travel or relocate often arrive with out-of-state documents that fail these formalities, which is why a Florida-specific review is essential.
Self-Proving Wills
We almost always include a self-proving affidavit, which under Florida law allows the will to be admitted to probate without locating witnesses years later. For estates with significant assets, this small step can prevent costly delays and disputes during formal administration.
The Personal Representative
Your will names a personal representative (executor). Florida law restricts who may serve: a non-resident must generally be related to you by blood, marriage, or adoption. High-net-worth families often choose a corporate fiduciary or a Florida-resident professional to administer complex holdings, business interests, and out-of-state real estate.
Coordinating the Will With Your Larger Plan
For affluent clients, the will is rarely the primary distribution document. Assets in a funded revocable trust, accounts with beneficiary designations, and property held in tenancy by the entirety pass outside the will. We often pair the will with a pour-over provision that directs any stray probate assets into your trust, keeping your plan unified and private.
Homestead and Spousal Protections
Florida’s constitution limits how you can devise homestead property if you are survived by a spouse or minor child, regardless of what your will says. A surviving spouse also retains an elective share under section 732.2065. We draft wills that account for these protections so your intended plan is not unintentionally overridden by operation of law.
Updating Your Will
Marriage, divorce, the sale of a business, or a major liquidity event should prompt a review. An outdated will is a common source of probate conflict among heirs to large estates.
Consult a Fort Lauderdale Will Attorney
A properly executed Florida will is the backbone of a sound plan. Contact our office to draft or update yours.
This information is general and not legal advice. Will requirements depend on your specific facts. Consult a licensed Florida attorney before signing or relying on any estate document.
For more on our Florida practice, see our overview of Florida estate planning. Morgan Legal Group's affiliated New York office also handles Medicaid asset protection trusts.