Florida Wills & Probate: 7 Things Every Family Must Know

Imagine your spouse passes away unexpectedly, and within weeks your family discovers there's no valid will — or worse, one that was never properly signed. Suddenly, the Florida courts are deciding who gets the house, the savings account, and even the family heirlooms. This situation plays out more often than most people realize, and it's entirely preventable. Whether you're just starting to think about estate planning or trying to understand what your family is facing right now, here's what every Florida resident needs to know about wills and probate.

What Makes a Last Will Valid in Florida?

Florida has specific rules about what makes a will legally binding, and a document that doesn't meet these requirements can be thrown out entirely — leaving your family in the same position as if no will existed at all.

To be valid under Florida law, a last will and testament must meet all of the following:

• The person making the will (called the testator) must be at least 18 years old
• The testator must be of sound mind at the time of signing
• The will must be written — Florida does not recognize handwritten (holographic) wills
• It must be signed by the testator in the presence of two witnesses
• Both witnesses must sign the will in the presence of each other and the testator

That's it — but cutting corners on any one of these steps can unravel everything. Florida is one of the stricter states when it comes to witness requirements, which is why having professional help when preparing your will matters so much.

How Probate Works in Florida

Probate is the court-supervised process of validating a will and distributing a deceased person's assets. Many families dread it — and while it doesn't have to be a nightmare, understanding the basics helps you prepare.

The Two Main Types of Florida Probate

Florida offers two primary probate processes depending on the size of the estate:

1. Formal Administration — Used for larger estates or when there are complex assets or debts. This process typically takes six months to over a year and requires court involvement at several stages.
2. Summary Administration — A simplified process available when the estate's value is $75,000 or less (excluding exempt property), or when the person has been deceased for more than two years. This is faster and less expensive.

Families in Daytona Beach and throughout Volusia County often find that working with an estate planning service before death — rather than scrambling afterward — saves thousands of dollars in probate costs and months of family stress.

What Happens If You Die Without a Will in Florida?

Dying without a valid will is called dying intestate, and in Florida, the state essentially writes your will for you — according to its own rules, not your wishes.

Florida's intestate succession laws generally distribute your estate in this order: first to a surviving spouse and descendants, then to parents, then to siblings and their descendants, and so on. The problem? The formula doesn't account for blended families, estranged relatives, or the person you actually wanted to leave everything to. A long-term partner who isn't legally married to you receives nothing under Florida's intestate laws. Neither does a beloved stepchild who wasn't legally adopted.

Intestate estates can also take longer to resolve in probate court because there's no will to establish clear intent. Complex family situations — even those that seem straightforward — can turn into prolonged legal disputes. A little planning now prevents a lot of heartache later.

Understanding the Executor's Role

In Florida, the person named in a will to manage the estate is called a personal representative (other states use the term executor). This is a serious responsibility that involves much more than just handing out belongings.

A Florida personal representative is typically responsible for:

• Filing the will and opening the probate case with the court
• Notifying creditors and settling valid debts
• Filing final income tax returns on behalf of the deceased
• Managing and protecting estate assets during the process
• Distributing the remaining assets to beneficiaries according to the will
• Closing the estate with the court when everything is complete

Florida also requires that a personal representative be either a Florida resident or a close family member (spouse, child, sibling, or parent) if they live out of state. Choosing the right person for this role — and talking to them in advance — is one of the most important decisions in your estate plan. You might also consider pairing your will with other planning documents; our Florida Durable Power of Attorney Guide explains how these documents work together to protect your family during and after incapacity.

Can a Will Be Contested in Florida?

Yes — and it happens more than most families expect. Contesting a will means challenging its validity in court, and in Florida, there are specific legal grounds required to do so. Simply being unhappy with how assets were distributed is not enough.

Valid grounds for contesting a Florida will include:

• Lack of testamentary capacity — the person didn't understand what they were signing
• Undue influence — someone pressured or manipulated the testator into changing the will
• Fraud or forgery — the document or signature was falsified
• Improper execution — the will wasn't signed or witnessed according to Florida's requirements

Will contests can be emotionally and financially draining for families. The best protection against a contested will is creating a clear, properly executed document with no ambiguity — and keeping it updated as your life changes.

Start With a Solid Florida Estate Plan

A will is just one piece of a complete estate plan. Central Florida families benefit most when their will works alongside other key documents — healthcare directives, beneficiary designations, and the right ownership structures for their property. If you're in the Daytona Beach area or anywhere in Volusia County, our guide to Estate Planning in Volusia County walks through what a complete plan looks like for Florida families at every stage of life.

Getting your affairs in order isn't just about paperwork — it's about giving your family clarity, peace, and protection when they need it most.