What is a Last Will and Testament?

A last will and testament, or will, is a legal document that sets forth instructions on how a person's belongings, assets, and responsibilities should be handled upon their death. It can be used for naming a guardian for minor children, selecting an executor for your estate, and designating beneficiaries for your assets.

What types of wills are valid in Florida?

In Florida, attested wills are fully recognized as valid. These are documented in writing and signed by the person to whom the will belongs, as well as two witnesses. Military wills executed under federal law are also accepted. Holographic wills are not valid in Florida due to the absence of witnesses. Oral wills are not valid, and out-of-state wills are considered on a case-by-case basis.

What happens if someone dies without a valid will in Florida?

If a person dies without a valid will, their estate will go through probate as intestate. A judge will make decisions regarding the executor and beneficiaries.

What can a will not do in Florida?

A will cannot address all possible facets of your estate, should not be used for setting funeral plans or burial wishes, and cannot avoid probate court or estate taxes.

Wills Attorney

What is a Last Will and Testament in Florida?

A Will Is How You Take Care of the People You Love

If you own anything, care about anyone, or have children at home, a will is the most straightforward thing you can do to protect all three. It doesn't have to be complicated—and it doesn't have to wait.

A wills attorney puts the right legal structure around your wishes so that when the time comes, your family isn't left guessing, arguing, or spending months navigating the Pinellas County Courthouse. They're just taking care of each other—the way you intended.

At atCause Law, we help families across Clearwater, Dunedin, Safety Harbor, St. Petersburg, and the rest of Pinellas County get this done right. Simple process, clear pricing, and documents that actually hold up.

What Your Will Can Do

A Last Will and Testament is a legally binding document that directs who receives your property, who manages your estate, and—if you have minor children—who raises them if something happens to you.

Done well, it answers every question your family might otherwise have to fight over. It names the executor who carries out your wishes. It specifies what goes to whom, under what conditions. It can even include provisions for a beloved pet through a pet trust.

Florida's execution requirements under Florida Statute §732.502 are specific—two witnesses, proper signatures, no ambiguity—and a will that doesn't meet them may not hold up in court. That's the core of what a wills attorney does: make sure the document is legally sound, not just logically written.

What We Cover in Every Will We Draft

Every will atCause Law prepares is tailored to your life and compliant with Florida law. Here's what that includes:

Beneficiary designations — who receives what, in what proportions, and under what conditions
Executor appointment — the person who manages your estate and carries out your instructions
Guardian designations — essential for any parent with minor children at home
Specific bequests — particular assets going to particular people
Residuary clause — a catch-all that covers anything not specifically named elsewhere

If your situation involves a family member with special needs, a blended family, a business interest, or property in multiple counties, we've handled it. Many clients also add a durable power of attorney and healthcare directives at the same time—rounding out a complete plan in a single visit.

Frequently Asked Questions

What type of lawyer is best for wills?

An estate planning attorney who focuses on wills, trusts, and probate—someone who knows Florida law specifically, not just the general concept of a will. The right wills attorney will also help you see how your will fits with the rest of your assets, including any trust funding that needs to happen alongside it, so nothing falls through the cracks.

What are the three basic requirements of a valid will in Florida?

Under Florida Statute §732.502, a valid will must be in writing, signed by the person making it, and witnessed by two people who sign in each other's presence and the testator's presence. These requirements are firm—a document that misses any of them can be challenged or invalidated entirely.

What is the biggest mistake people make with a will?

Assuming the will controls everything. Life insurance, retirement accounts, and jointly titled property all pass outside of your will through beneficiary designations or right of survivorship. If those designations are outdated, your will can't be able to override them. A good wills attorney reviews the full picture—including your broader estate plan—to make sure nothing contradicts your intentions.

What should you never put in a will?

Funeral and burial instructions are often missed because the will isn't read until after decisions have already been made—those wishes belong in a separate document. Assets that already have designated beneficiaries (like IRAs or jointly held accounts) don't belong in a will either. And pets can't legally be named as beneficiaries under Florida law; a pet trust is the right tool for that.

Can I draft my own will without a lawyer?

Technically, yes. But Florida's execution requirements are specific, and small errors—an improperly placed signature, a vague bequest, a missing witness—can render the document unenforceable. A wills attorney makes sure it works the way you meant it to, the first time.

Ready to Put a Plan in Place?

A will doesn't take long to put together when you work with the right people. And the peace of mind that comes with having one—knowing your family is protected, your wishes are documented, and nothing is left to chance—is worth every bit of the effort.