Florida Wills Lawyer West Palm Beach

A valid Florida will is the foundation of most retirees’ estate plans. If you have recently made Palm Beach County your home base, or split time between Florida and a northern state, your will should be drafted and executed under Florida law so it is recognized without question when the time comes. We prepare wills tailored to the realities of seasonal living.

How Florida Wills Must Be Executed

Under Florida Statutes section 732.502, a will must be in writing and signed by the testator at the end, in the presence of two witnesses, who must also sign in the presence of the testator and of each other. These formalities are strict. A will that was valid when signed in another state is generally honored in Florida if it met that state’s requirements, but for snowbirds we often recommend re-executing under Florida law to avoid any later challenge.

Self-Proving Affidavits

Florida allows a will to be made self-proving by adding a notarized affidavit signed by the testator and witnesses, as described in section 732.503. A self-proving will speeds up probate because the court can admit it without locating the witnesses years later — a meaningful advantage when your witnesses may live hundreds of miles away.

What a Will Can and Cannot Do

Your will names a personal representative, directs who inherits your probate assets, and can nominate a guardian for minor children. It does not control assets that pass by beneficiary designation, joint titling, or a funded trust. It also cannot override Florida’s homestead descent rules or a surviving spouse’s elective share. Coordinating your will with these other rules is where careful planning matters.

Personal Representative Considerations for Snowbirds

Florida limits who may serve as a personal representative. A nonresident may serve only if they are closely related to you by blood, marriage, or adoption, as set out in section 733.304. If you want an out-of-state child to administer your estate, confirming that they qualify — or naming a Florida co-representative — avoids a surprise during probate.

Updating Your Will After a Move

Marriage, divorce, a move between states, and changes in your assets all warrant a review. A will drafted decades ago in your home state may reference outdated tax law or name representatives who are no longer appropriate. We help retirees refresh their wills so they reflect both current Florida law and current wishes.

Consult a Florida attorney: This is general information, not legal advice. Will requirements and their effect depend on your individual circumstances. Speak with a licensed Florida attorney before preparing or changing a will.