Florida Wills

Creating a will isn’t only about deciding who gets what—it’s about easing uncertainty for your loved ones. Without clear instructions, families often face legal hurdles, strained relationships, or outcomes that don’t reflect their intentions. Florida law has strict rules about how estates are handled when there’s no valid will, which can leave even close relatives unprotected.

When a will isn’t properly written or witnessed, it may be rejected by the court. That’s why it’s so important to work with a legal team that understands not just the formal requirements—but also how to structure your wishes in a way that holds up.

At the Law Office of Petrovitch & Kutub, we help clients across South Florida put their intentions into writing. Whether you have a straightforward plan or need help coordinating more complex assets, we prepare wills that reflect your goals and meet Florida’s legal standards. Our offices in West Palm Beach, Fort Lauderdale, and Boca Raton make it easier to meet where it’s most convenient for you.

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Key Legal Insights About Wills in Florida

The Role a Will Plays in Your Estate Plan

Your will directs how certain assets are handled and who will take on specific responsibilities after your death. While it doesn’t apply to everything—like assets with named beneficiaries or jointly owned property—it still forms the foundation of a well-structured plan. It’s also where you appoint someone to carry out your wishes and, if needed, name a guardian for minor children.

Our wills lawyer ensures your will fits into the larger picture. That means aligning it with any trusts you’ve created, clarifying language to prevent conflict, and ensuring it accounts for your family’s and finances’ unique circumstances.

What Makes a Will Legally Valid in Florida

Florida courts won’t enforce a will that doesn’t meet the state’s signing rules. The person creating the will (called the testator) must sign it willingly, in front of two witnesses, and those witnesses must also sign in each other’s presence. Florida doesn’t allow handwritten or oral wills—even if they’re valid elsewhere.

We make sure every legal step is followed. From overseeing the signing process to guiding you on where and how to store your documents, we help ensure that your will holds up when it’s needed most. We also address potential capacity issues, ensuring that clients understand the nature and consequences of their decisions before signing. Taking the time to get it right from the start prevents future challenges and ensures your final wishes are honored without delay or dispute. An attorney is critical in avoiding legal errors that could compromise your estate.

When It’s Time to Make Changes

Even if you already have a will, changes in your life may call for updates. These could be major shifts—like marriage, divorce, or buying property—or more minor changes, such as adjusting how an asset is distributed. The key is keeping your documents up to date so they always reflect your current priorities.

We stay connected with our clients to help review and revise their estate plans as life changes. Whether you’re adding a new beneficiary or removing an outdated clause, we’ll walk you through the best way to update your documents while keeping everything legally sound. We also help clients understand how changes in Florida law or tax regulations might affect their existing plans, so nothing gets overlooked during a review. Keeping your will accurate reduces uncertainty for your loved ones and strengthens the plan you’ve worked hard to create. An experienced wills lawyer can help ensure those updates are made with precision and legal clarity.

Understanding What a Will Does—and Doesn’t—Control

A will only governs assets that don’t already have a named beneficiary or co-owner. This means bank accounts with transfer-on-death instructions, jointly owned homes, or life insurance policies usually fall outside the will. If your estate plan doesn’t account for this, some assets may be passed in ways you didn’t intend.

That’s why we review how everything is titled, confirm what’s covered by your will, and help you adjust designations where needed. This keeps your full estate plan working in sync. A trusted wills attorney can help ensure that no asset goes unaccounted for and that your intentions are clearly followed.

Choosing Someone to Handle Your Affairs

The person you choose to carry out your will—the personal representative—has a major role. They must manage your estate, notify creditors, and distribute assets. It’s a big job, and not everyone is equipped for it.

We help you think through this choice carefully. We’ll also discuss options like naming a backup or selecting a neutral party if needed. We aim to prevent future conflicts and help your estate run smoothly from the start.

Why Your Will Shouldn’t Stand Alone

A will is just one part of a broader plan. Other documents—like a trust, power of attorney, or healthcare surrogate designation—handle different aspects of your life and future care. When used together, these tools offer more control, greater efficiency, and less stress for your family.

We work with you to build a complete plan that fits your needs. If a simple will is all that’s required, we’ll say so. If other tools can help prevent unnecessary delays or expenses, we’ll show you how they work and help you make informed choices.

Frequently Asked Questions

What happens if I don’t have a will in Florida?
The court will apply Florida’s intestate succession laws, which may result in a distribution that doesn’t match your intentions.

Can I update my will?
Yes. You can amend your will with a codicil or create a new one entirely. Working with a wills attorney helps ensure those updates follow Florida law and don’t unintentionally override other parts of your estate plan.

Does having a will mean my estate skips probate?
No. A valid will guides the probate process, but doesn’t bypass it.

How do I choose a personal representative?
We’ll help you evaluate trusted individuals or suggest alternatives based on your estate’s complexity.

Are handwritten wills allowed in Florida?
No. Florida requires formal, properly witnessed wills—handwritten or unwitnessed versions aren’t valid.

Serving Families Across South Florida

We work with individuals and families throughout the region. With offices in:

• West Palm Beach
• Fort Lauderdale
• Boca Raton

We’re here to help you create a clear, effective estate plan that reflects your goals and meets Florida’s legal standards.