If you pass away without a valid will or trust, Florida's intestacy laws decide who inherits your property, and the result may not match what you would have chosen. Your family will usually need to go through probate, a court-supervised process, before assets can be transferred. Florida's homestead laws can also limit how a primary residence may be left when there is a surviving spouse or minor child, which is one more reason a plan should be prepared with Florida law in mind.
A Florida will must be signed at the end by the person making it, in the presence of two witnesses who also sign. Adding a notarized self-proving affidavit means the witnesses generally will not need to be located later to confirm the signing. Florida does not recognize handwritten wills that were not properly witnessed, so a will written out at the kitchen table may not hold up.
A will is a set of instructions that takes effect through probate. A revocable living trust holds assets during your lifetime and can pass them to your beneficiaries without probate, as long as those assets are properly titled in the trust. You can change a revocable trust while you are living, and it is usually paired with a short will that directs any remaining assets into the trust. Which approach fits depends on your property, your family, and your goals.
An estate plan is not only about what happens after death. A durable power of attorney lets a trusted person manage your finances if illness or injury leaves you unable to. In Florida it must be signed in front of two witnesses and a notary. A health care surrogate designation and a living will let you name who can make medical decisions for you and record your wishes about end-of-life care.
Review your plan after a marriage, divorce, birth, death in the family, a move to Florida, or a major change in your assets. In Florida, a divorce generally cancels provisions in your will that benefit your former spouse, but other documents, such as beneficiary designations, may still need to be changed.
Generally, yes, if it was validly signed under the laws of the state where it was made. It is still worth having it reviewed after a move, since Florida has its own rules on homestead property and on who can serve as personal representative.
No. Florida offers summary administration, a shorter process, when the probate estate (not counting exempt property) is worth $75,000 or less, or when the person passed away more than two years ago.
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This page provides general information, not legal advice. Reading it does not create an attorney-client relationship.