Last Will and Testament in Florida
A last will and testament lets you decide who gets your property, who manages your estate, and who cares for your minor children after you’re gone, instead of leaving those decisions to Florida’s default laws. Our attorney drafts wills for Doral and greater Miami-area families, built to meet the requirements of Florida Statutes Chapter 732.
Free consultation • Licensed by The Florida Bar • No obligation
- Controls how your assets are distributed
- Names guardians for minor children
- Names a personal representative to manage your estate
- Drafted to meet Florida's Chapter 732 requirements
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What Happens If You Don't Have One
If you die without a valid will in Florida, you die "intestate," and state law decides who inherits, not you. If you're married with no children outside the marriage, your spouse typically inherits everything. If you have children from another relationship, your spouse and those children split the estate. If you're unmarried, it passes to your children, or to your parents if you have none. None of this accounts for what you'd actually want, and it can't name a guardian for your minor children at all.
Last Will and Testament vs. a Living Trust
Both distribute your assets, but they work very differently.
Last will and testament
Goes through probate, a public court process, before assets reach your beneficiaries. It’s also the only document that can name guardians for minor children.
Revocable living trust
Can let assets bypass probate entirely, but it doesn’t name guardians and generally costs more upfront to set up.
Most complete estate plans use both together, a will for guardianship and anything outside the trust, and a trust for probate avoidance on major assets.
What Your Will Can Include
- Distribution of real estate, bank accounts, investments, and personal property
- Appointment of a personal representative (executor) to manage your estate
- Guardianship designations for minor children
- Specific gifts to individuals or charitable organizations
- Instructions for handling debts, expenses, and taxes
Every will is tailored to your family structure, financial situation, and long-term goals.
How to Execute a Valid Will in Florida
Florida holds wills to strict formalities, and missing one can put the entire document at risk. To be valid, your will must be:
01
Made by someone 18 or older (or an emancipated minor) of sound mind
02
In writing, Florida doesn’t accept handwritten wills without witnesses or spoken wills
03
Signed by you at the end of the document
04
Signed by two witnesses, in your presence and in each other’s presence
We also recommend making your will self-proved, a notarized affidavit signed alongside the will that makes it easier to admit into probate later, without extra court steps to verify it’s genuine.
Choosing Your Personal Representative and Guardians
Your personal representative manages your estate through probate. Your guardian raises your minor children if something happens to you. Before you decide, think through a few things:
- Do you trust this person to carry out your wishes, not just handle logistics?
- For guardians, do their values and parenting approach align with yours?
- Do you want a backup named, in case your first choice can't serve?
- Have you actually asked them, rather than assuming they'll say yes?
Last Will and Testament Services in Doral & South Florida
We help clients throughout Florida with:
- Drafting new last wills and testaments
- Reviewing and updating existing wills after major life events
- Coordinating your will with trusts, powers of attorney, and health care directives
- Ensuring proper execution and legal formalities under Florida statutes
Why Doral and Miami Families Choose Cardoso Estate Planning Firm
We explain your options in plain language, not legal jargon, so you understand exactly what your will does and why. We work with clients in both English and Spanish, and every will we draft is coordinated with the rest of your estate plan, not handled as a standalone document.
Frequently Asked Questions
What happens if I die without a will in Florida?
Florida’s intestacy laws decide who inherits, based on your family structure, not your actual wishes. It also can’t name a guardian for minor children.
Does Florida accept handwritten or verbal wills?
No. Florida requires wills to be in writing and signed by two witnesses. Handwritten wills without witnesses and spoken wills aren’t valid here.
Do I need a will if I already have a trust?
Usually yes. A trust doesn’t name guardians for minor children, and most people still need a will to cover assets that weren’t placed in the trust.
Can someone contest my will after I pass away?
Yes, but Florida doesn’t allow clauses that penalize a beneficiary for contesting, and most will contests aren’t successful when the will was properly executed.
Can I update my will later?
Yes. A will can be amended or revoked at any time while you’re competent, usually through a new will or a codicil.
Who can serve as my personal representative in Florida?
Generally any competent adult you trust, though Florida has specific rules for out-of-state representatives, so it’s worth discussing with your attorney.
Does Cardoso Estate Planning Firm draft wills for clients in Doral and Miami?
Yes. Attorney Danielys Cardoso drafts and coordinates wills for clients across Doral and the greater Miami area, in English or Spanish, as part of a complete estate plan.
Ready to Put a Will in Place?
Our attorney works directly with Doral and South Florida clients to build a will that’s drafted correctly, executed properly, and fits your broader estate plan.
