Creating a Last Will & Testament is one of the best ways to make sure your wishes are honored and your loved ones are protected after your passing. In Florida, the process is simple if you understand the legal requirements. Whether you’re planning ahead for the first time or updating an existing Will, here’s a clear step-by-step guide to making a valid will in the Sunshine State.

Step 1: Know Florida’s Legal Requirements

To make a valid will in Florida, you must:

• Be at least 18 years old (or legally emancipated).
  
• Be of sound mind—meaning you understand what a will is and the nature of your assets.
  
• Put your will in writing—Florida does not recognize oral (spoken) wills.
  

Step 2: Decide What Your Will Should Include

Before you start writing, take some time to outline what you want your will to cover. Common elements include:

• Your Beneficiaries – The people or organizations who will inherit your property.
  
• Your Executor (Personal Representative) – The person who will carry out your wishes and handle your estate.
  
• Guardianship for Minor Children – If you have children under 18, name someone you trust to care for them.
  
• Distribution of Property – List specific items or percentages of your estate to be given to each beneficiary.
  

Step 3: Write Your Will

You can write your will yourself, use an online form like MyKeyDocs, or work with an attorney. The most important thing is that it’s clear, specific, and follows Florida’s requirements.

Include language such as “This is the Last Will & Testament of [Your Full Name].”

If you write your own will, use straightforward language and clearly identify each person or asset mentioned.

Step 4: Sign and Witness Your Will Correctly

Florida has strict rules for signing a will:

• You must sign your will at the end of the document.
  
• You must sign it in the presence of two witnesses, who also sign in your presence and in each other’s presence.
  
• Witnesses should be competent adults and ideally not beneficiaries.
  

Note: Florida does not recognize handwritten (holographic) wills unless they are properly witnessed and signed as described above.

Step 5: Consider a Self-Proving Affidavit

A self-proving affidavit is a notarized statement that confirms you and your witnesses signed your will properly. This step isn’t required, but it can make probate faster and easier for your family since the court won’t need to contact the witnesses later.

Step 6: Store Your Will Safely

Keep your original will in a safe but accessible place, such as:

• A fireproof safe at home.
  
• With your executor or attorney.
  
• In a safe deposit box (ensure someone you trust can access it).
  

Tell your executor where your will is stored so it can be found quickly when needed.

Step 7: Review and Update Regularly

Life changes—so should your will. Review it every few years or after major life events such as:

• Marriage or divorce.
  
• Birth or adoption of a child.
  
• Buying or selling a home.
  
• Significant financial changes.
  

Final Thoughts

Making a Last Will & Testament in Florida ensures your assets are distributed according to your wishes—not the state’s default rules. By following these steps, you can create a legally valid document that gives you peace of mind and protects your loved ones. Taking a little time now can make a world of difference later. With MyKeyDocs, you can even make your will in as little as 15 minutes if you have all your information ready!