A will is a written declaration by which a person can direct the disposition of his/her property upon death.   

In Florida, formal requirements for a legal will are provided in the laws set by the state under Section 732 of the Florida Statutes.

In addition to the disposition of property, the testator (maker of the will) can designate in the will an individual, bank or trust company who will act as the executor (personal representative) responsible for managing the estate, provided that the named representative qualify under Florida law.

Also, the testator may create a trust in a will and name a trustee; name the bearer of any tax burdens, and designate a guardian for any minor children.  Disposition of some properties may not be willed due to property rights and interests granted to others by Florida law.

The testator can change the terms of a will by executing a codicil, which is a written amendment created following the same formalities of a will.  Upon death of the testator, the will becomes final.

Within 10 days after being informed of testator’s death, the custodian of the will must file the original with the Clerk of the Circuit Court’s Office in the county where the decedent had resided.   Before a will can be administered to dispose of property, it must be admitted to and proved valid in probate court, unless it is self-proving.  Specific requirements for  self-proof of a will are described under Section 732.503 of the Florida Statute.  A valid and self-proved will  requires no further proof and can be admitted to probate court for administration. 

Should an individual die intestate (dying without a will) or if a will is deemed invalid, Florida law has automatic provisions that designate the beneficiaries of the decedent’s property (under the inheritance statute), as well as the manner in which a personal representative or executor is selected.  Florida law follows a fixed formula in the distribution of property to the heirs of those dying intestate.  If there are no living heirs at law, the property goes to the State of Florida.

Probate court has jurisdiction over the disposition of property in accordance with the valid will, or the inheritance statute, if there is no valid will.  A Circuit Court Judge presides over any probate proceedings.

Non-compliance with the defined laws of Florida in the execution of a will may invalidate it.  Consult a licensed attorney for questions and legal advice on the proper drafting and execution of a valid will and/or codicil.