Florida Wills for Homeowners

A will is the foundation document for most Florida estate plans, and for property owners it carries special weight. The way you describe and devise your real estate in a will can determine whether your heirs receive a clean title or inherit a dispute. We draft Florida wills for homeowners, condo owners, and investors who want their deeds handled correctly.

How a Florida Will Must Be Signed

Florida Statutes section 732.502 sets the execution requirements. The will must be in writing, signed by the testator at the end (or by another at the testator’s direction and in their presence), and witnessed by two people who sign in the presence of the testator and of each other. These formalities are strict. A will that fails them can be denied probate, which is a harsh outcome when your home is the main asset at stake.

Self-Proving Affidavits

Florida allows a will to be made self-proving with an affidavit signed before a notary by the testator and witnesses. This step lets the will be admitted to probate without tracking down witnesses years later. For property owners whose families may be spread between Florida and New York, a self-proving will avoids logistical headaches when the time comes to transfer the deed.

The Homestead Devise Limits

Florida’s constitution restricts how homestead property may be left by will. If you are survived by a spouse or a minor child, you generally cannot freely give the homestead to anyone else. An attempt to do so can be invalid, sending the property to the surviving spouse and descendants under default rules rather than your stated wishes. We draft around these limits so your intentions and Florida law point the same direction.

Wills and Probate

A will does not avoid probate. It directs how the probate court, operating under the Florida Probate Code in Chapters 731 through 735, distributes assets that pass through your estate. Smaller estates may qualify for summary administration, while larger ones go through formal administration. For owners who want their real estate to skip probate entirely, we pair the will with tools like a Lady Bird deed or a revocable trust so the will becomes a backstop rather than the main transfer mechanism.

Personal Property and Specific Gifts

Beyond the deed, a will lets you name a personal representative, make specific gifts, and reference a separate written list for tangible items. Naming a personal representative who understands real estate, or empowering them to sell property, keeps the estate moving when a house must be maintained, rented, or sold during administration.

Updating an Existing Will

Buying or selling Florida property, marriage, divorce, or a move from another state are all reasons to revisit your will. A will drafted in New York may be valid in Florida if properly executed, but it may not handle Florida homestead correctly. We review out-of-state wills for owners who have relocated.

A Note on Legal Advice

This page explains Florida law in general terms and is not a substitute for personalized counsel. Because homestead and execution rules can void a poorly drafted will, consult a licensed Florida attorney before signing or relying on any will.