A last will and testament is the foundation of any estate plan. It is the document that tells the State of Florida — and your loved ones — exactly how you want your property handled and who should care for the people who depend on you. Without one, the state decides for you.
What a Simple Will Actually Does
A simple will is a legal document that takes effect when you pass away. It lets you make a handful of decisions that have an enormous impact on the people you leave behind.
In plain terms, a will gives you control over four key things:
- Who inherits your property — your home, savings, vehicles, and personal belongings.
- Who raises your minor children, by naming a guardian you trust.
- Who settles your affairs, by naming a personal representative (Florida's term for an executor).
- How specific gifts or heirlooms are passed on to the people you choose.
What Happens If You Don't Have One
If you die without a will in Florida, you are said to die 'intestate.' That means Florida's intestacy laws (Chapter 732 of the Florida Statutes) decide who gets what — regardless of what you would have wanted.
The court, not you, will also appoint the person who administers your estate, and a judge will decide who raises your minor children if both parents are gone. This process is often slower, more expensive, and far more stressful for your family than if you had simply put your wishes in writing.
Who Needs a Will — and When
Many people assume wills are only for the wealthy or the elderly. The truth is that almost every adult benefits from having one.
You should strongly consider a will if any of the following apply to you:
- You have children, especially minors who would need a guardian.
- You own a home, a vehicle, or have money in the bank.
- You want certain people — or charities — to receive specific items or gifts.
- You want to spare your family the cost and delay of an intestate estate.
What Makes a Will Valid in Florida
Florida law has clear requirements for a will to be enforceable. To be valid under Florida Statutes Chapter 732, your will must be in writing, signed by you (the testator), and signed by two witnesses who are present at the same time.
These formalities matter. A will that is missing a signature or a witness can be thrown out, leaving your estate to be handled as if you never made a plan at all. Legacy Legal AI walks you through each requirement so your document is complete and compliant.
Frequently Asked Questions
Is a will the same as a living trust?
No. A will takes effect after death and typically goes through probate. A living trust can help certain assets avoid probate and can take effect while you are still alive. Many Floridians start with a simple will because it covers the essentials affordably.
How much does a simple will cost in Florida?
Costs vary widely. Traditional attorneys may charge several hundred dollars or more. Legacy Legal AI offers a Florida-compliant, attorney-designed simple will starting at $59.
Do I need a lawyer to make a will?
Florida does not require you to hire an attorney to create a valid will. However, the document must meet specific legal requirements. Legacy Legal AI guides you through those requirements with an attorney-designed template and guided workflow.