Wills, and what they actually control

A will is the instruction that takes effect when you die. It names who inherits what passes through your estate, who administers it, and — for parents — who you nominate to raise your children.

What a will decides

Three things, and they matter in this order for most families.

  • Who inherits the property that passes through your estate, and in what shares
  • Who serves as personal representative and administers the estate
  • Who you nominate as guardian for minor children

What a will does not do

It does not avoid probate — it directs how probate comes out. It does not override a beneficiary designation on a retirement account or life insurance policy. It has no effect at all while you are alive, which is why powers of attorney sit alongside it.

Execution matters as much as drafting

Florida has specific requirements for how a will must be signed and witnessed. A perfectly drafted will that was executed incorrectly can fail. A self-proving affidavit signed at the same time saves your family from tracking down witnesses years later. Remote online signing is permitted, subject to the statutory requirements.

Source: The Florida Bar Consumer Pamphlet

Wills, answered.

Is a handwritten will valid in Florida?

Florida does not recognize unwitnessed handwritten (holographic) wills made in the state. Execution formalities are not optional here.

Can I change my will later?

Yes, while you have capacity, by a new will or a formal amendment. Crossing things out on the original does not work.

Will a will keep my affairs private?

No. A probated will becomes a public court record. Privacy is a reason people choose a trust.

Three ways forward.

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