Florida Wills Attorney West Palm Beach

A last will and testament is the foundation of most estate plans. For Palm Beach retirees and seasonal residents, a Florida will is especially important because a will drafted in another state may not satisfy Florida’s execution rules or account for Florida’s unique homestead protections. We prepare wills that are valid under Florida law and tailored to the way snowbirds actually own property.

How Florida Wills Must Be Executed

Florida Statutes section 732.502 sets strict formalities. The will must be in writing and signed at the end by the person making it (the testator), or by another person at the testator’s direction and in their presence. Two witnesses must sign in the presence of the testator and in the presence of each other. If any of these steps is missed, the will can fail entirely. This is why a hastily prepared document, or one signed without proper witnesses while traveling, is so risky.

Self-Proving Wills

Florida allows a will to be made self-proving by adding a notarized affidavit signed by the testator and both witnesses, as described in section 732.503. A self-proving will speeds up probate because the court does not need to locate the witnesses years later to confirm the signatures. For snowbirds whose witnesses may live hundreds of miles away, this is a meaningful convenience for your family.

Homestead and Your Will

Florida’s constitutional homestead protection limits how you can leave your primary residence. If you are survived by a spouse or a minor child, you generally cannot freely devise the homestead; the constitution dictates who receives it. A will that simply leaves “the house to my children” can be overridden by these rules. We review your family situation and title so your will and the homestead rules work together rather than against each other.

The Spousal Elective Share

Florida protects a surviving spouse through the elective share under section 732.2065, currently equal to thirty percent of the elective estate. A spouse can claim this share even if the will leaves them less. Retirees in second marriages, which are common among our clients, need to understand how the elective share interacts with their wishes and any prenuptial agreement.

Out-of-State Property and Your Will

If you still own a home or land up north, that property usually passes under the laws of the state where it sits, and may require a separate ancillary probate there. A Florida will alone does not avoid that. We often pair a will with a trust or deed strategy to keep your northern property from complicating your Florida estate.

Talk to a Florida Attorney

A will is only as strong as its drafting and execution. This page is general information and not legal advice. Before relying on any will, including one you signed in another state, consult a licensed Florida attorney to confirm it meets section 732.502 and protects your family.