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Writing a will is an act of care. It spares the people you love from confusion and conflict at the hardest possible moment, and it lets you, rather than the state, decide what happens to what you have built. A will is not only about property. It is about who settles your affairs, who raises your children, and how your family is spared a fight when they are already grieving.
A will does a great deal, but it does not do everything people assume, and it only works if it is prepared and signed exactly the way Florida law requires. Get either part wrong, and the document can fail your family at the very moment they need it.
At Weldon Law Group, PLLC, we make the process straightforward and personal for families across Jacksonville, Duval County, and Northeast Florida. We listen first, explain your options in plain language, and draft a will that reflects your wishes and works when your family needs it. Attorney Ian Weldon and our team treat your plan with the attention it deserves.
A will puts the important decisions in your hands instead of leaving them to a statute. In it, you can:
Each of these choices is one that Florida law will otherwise make for you if you have no valid will.
If you die without a will, you are said to die “intestate,” and Florida’s intestacy statute decides everything according to a fixed formula. That formula often fails families with any real-world complexity, such as unmarried partners, blended families, stepchildren, or loved ones outside the direct bloodline.
Feature | With a Valid Will | Without a Will (Florida Intestacy) |
Who inherits | The people and causes you choose | A fixed statutory formula decides |
Who raises your minor children | The guardian you name | A judge decides among those who come forward |
Who settles your estate | The personal representative you pick | The court appoints one |
Blended or unmarried families | Handled the way you intend | Stepchildren and partners may receive nothing |
Speed and conflict | Clearer, faster, fewer disputes | More delay, cost, and room for fighting |
You can see how Florida’s intestacy law divides an estate, beginning with the surviving spouse’s share, in Section 732.102 of the Florida Statutes. For most families, the result is not what they would have chosen.
Contact us for more information about our services.
A will is powerful, but people often expect it to do things it simply does not. Understanding its limits is part of building a plan that actually works.
This surprises many people. A will does not keep your estate out of probate. It is the set of instructions the probate court follows, not a way around the process. If avoiding probate is a goal, the tool for that is a trust, which can work alongside your will.
Under Florida’s elective share law, a surviving spouse is entitled to a portion of the estate, currently 30 percent of the elective estate, even if the will leaves them less. You cannot completely cut a spouse out through your will alone, and a plan that tries to do so invites a challenge.
Some of your most valuable assets may pass outside your will entirely. Life insurance, retirement accounts, and payable-on-death accounts go to whoever is named on the beneficiary form, and jointly owned property usually passes to the co-owner. If those designations do not match your will, they win. Coordinating them is essential.
Online templates promise a quick fix, but Florida’s requirements are strict and unforgiving, and that is exactly where do-it-yourself wills fail.
A valid Florida will must be in writing, signed by you at the end, and signed by two witnesses who are present with you and with each other at the signing. Florida does not recognize handwritten (holographic) wills that lack proper witnesses, and it does not recognize oral wills.
Just as important, Florida has no “harmless error” rule, so a single misstep in signing or witnessing can void the entire will. The specific requirements are set out in Section 732.502 of the Florida Statutes.
Florida law also allows a will to be made “self-proving,” a short notarized affidavit signed by you and your witnesses at execution. It is optional, but it is worth doing, because it lets the court accept your will without tracking down the witnesses years later.
Florida even permits fully electronic wills, though these carry their own strict requirements, including a qualified custodian, which is another reason careful drafting matters.
A will rarely stands alone. It works best as one part of a plan whose pieces are aligned, so nothing conflicts and no gaps are left open. Your will should fit together with:
It also sets the stage for what happens after you are gone. The personal representative you name has to be authorized by the court before they can act, which is done by obtaining letters of testamentary. Naming the right person, with clear authority, makes that step far smoother for your family.
Drafting a will that truly protects your family is careful, personal work, and we approach it that way:
For Jacksonville’s diverse community, we also plan around real-world situations like out-of-state property and immigration-related concerns, so your will fits your actual life.
Families across Northeast Florida trust Weldon Law Group, PLLC, because a will is only as good as the work that goes into it. They rely on us for:
Putting a will in place is one of the simplest ways to protect the people you love, and one conversation is all it takes to start. We will help you think through your wishes, explain your options plainly, and build a will that does exactly what you intend. Reach out today and give your family the clarity and security of a plan that is ready when it is needed.
Question | Answer |
Does my will have to be notarized in Florida? | No. Notarization is not required for a will to be valid. What matters is proper signing and witnessing. A notarized self-proving affidavit is optional but recommended, because it makes probate simpler later. |
Can I change or revoke my will after it is signed? | Yes. You can update a will with a properly executed codicil or replace it with a new will, and you can revoke it. Any change must meet the same Florida formalities as the original to be valid. |
Who can serve as my personal representative, and can they live out of state? | They must be 18 or older and not a convicted felon. A Florida resident can serve, and someone who lives out of state can serve only if they are related to you within the categories Florida law allows. |
I made a will in another state. Is it still valid now that I live in Florida? | Usually yes, if it was valid where it was signed, with the exception of handwritten or oral wills, which Florida will not honor. Even so, it is worth having it reviewed so it fits Florida law and your current wishes. |
What can make a will more likely to be challenged? | Common triggers include unclear language, execution mistakes, questions about the testator’s mental capacity, and signs of undue influence, especially when a beneficiary was closely involved in creating the will. Precise drafting and proper execution are the best protection against a contest. |
Do I still need a will if I have a trust? | Yes. Even with a trust, a will handles anything not moved into the trust and is the only place you can name guardians for your minor children. The two work together rather than replacing each other. |
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