This guide breaks down the most common types of wills in Florida, explains what they mean, and shows why working with an experienced estate planning attorney is the safest way to secure your legacy.
Creating a will is one of the most important steps in protecting your family and your assets. It ensures that your wishes are honored and that your loved ones avoid unnecessary disputes or delays after you pass.
In Florida, there are several types of wills. The law recognizes several types, each with specific requirements and levels of legal validity.
Some are simple and handwritten, while others are complex and professionally drafted. Knowing the difference can help you make informed decisions (and avoid mistakes that might make a will unenforceable later).
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Why Florida Wills Require Careful Planning
Florida law outlines precise steps for creating a valid will, including the need for witnesses, signatures, and written documentation. A single missed detail can make an otherwise clear will unenforceable in probate court.
For instance, a will signed without two witnesses will be rejected in its entirety, leaving the estate subject to state intestacy laws. That means the state decides who inherits your property, not you. A carefully prepared will eliminate that risk.
Florida Statute 732.502 lays out the requirements to execute a Will in Florida.
- The testator must sign the will at the end; or
The testator’s name must be subscribed at the end of the will by some other person in the testator’s presence and by the testator’s direction.
- The testator must sign the will in the presence of at least two witnesses
- The witnesses must sign the will in the presence of the testator
Although it is not required for a Will to be notarized, it is recommended. Please read the section on Self-Proving Will for more details below.
Attorneys experienced in Florida estate law, like those at Dill, Evans, & Rhodeback, ensure every document is legally sound, customized to your situation, and coordinated with other parts of your estate plan, like trusts or powers of attorney.
The Simple Will (Or “Last Will and Testament”)
A Last Will and Testament is the foundation of most estate plans.
It spells out how your property will be distributed after death, names your executor (also called a personal representative), and may appoint a guardian for minor children.
Key features:
- Must be written, signed, and witnessed by two individuals
- Lists beneficiaries for all personal and real property
- Name a personal representative to manage your estate
- Can designate guardianship for dependents
- May include basic instructions for funeral or burial preferences
A simple will is appropriate for people with smaller or less complex estates. However, it does not shield your estate from probate, nor does it address situations like blended families, second marriages, or assets in multiple states.
Attorneys often include a simple will as part of a more comprehensive plan that integrates trusts, health directives, and asset titling to minimize future disputes.
| Types of Wills | Main Purpose | Key Advantage | Common Limitation |
| Simple Will | Outlines how assets are distributed and names an executor | Straightforward and easy to create | Must go through probate |
| Pour-Over Will | Transfers remaining assets to a living trust | Keeps the estate plan organized | Assets may still face probate |
| Living Will | States medical care wishes if you’re incapacitated | Reduces family stress during emergencies | Does not distribute property |
| Joint or Mirror Will | Simplifies estate planning for couples | Keeps instructions consistent between spouses | May limit flexibility if one spouse dies first |
| Testamentary Trust Will | Creates a trust for children or dependents after death | Protects young or vulnerable beneficiaries | Must go through probate. |
The Pour-Over Will
A pour-over will works hand-in-hand with a living trust. It acts as a safety net, transferring any property not already titled in your trust into it at the time of your death.
Benefits of a pour-over will:
- Keeps your estate plan cohesive and complete
- Prevents assets from being accidentally left outside the trust
- Protects privacy, since trust assets avoid public probate records
- Simplifies management for your successor trustee
However, pour-over wills don’t automatically bypass probate. If there are any assets that were not transferred into the trust prior to the death of the creator of the Trust, those assets will have to go through probate.
For this reason, an attorney’s guidance is essential when funding or updating your trust.
The attorneys at Dill, Evans, & Rhodeback help clients coordinate both documents seamlessly to prevent any gaps in coverage.
A Living Will (Advance Directive)
A living will focuses on medical choices rather than property distribution. It details what kind of healthcare you do or do not want if you become unable to speak for yourself.
Typical instructions include:
- Whether to use life support or artificial ventilation
- Preferences for feeding tubes or hydration
- Pain management and comfort care guidelines
- Organ and tissue donation instructions
In Florida, a living will must be signed, dated, and witnessed by two adults. This document can significantly ease stress for family members during a medical crisis.
Most estate planning attorneys recommend pairing a living will with a healthcare surrogate designation and a durable power of attorney, ensuring that both medical and financial decisions can be made on your behalf by someone you trust.
Joint and Mirror Wills
Married couples sometimes choose joint or mirror wills to simplify their planning.
A joint will is a single document signed by both spouses. It often states that each partner leaves everything to the other, and upon both deaths, assets go to their children.
A mirror or reciprocal will is two separate but nearly identical wills with the same intentions and beneficiaries.
While joint wills seem efficient, they can become restrictive. Once one spouse passes away, the surviving partner may be legally bound to the original terms, even if circumstances change later.
For example, remarriage, new grandchildren, or new property acquisitions can complicate things.
Florida attorneys generally recommend reciprocal wills instead, because they allow each spouse to update their will as needed. This flexibility helps families adapt to life changes without starting the estate planning process over entirely. At Dill, Evans, & Rhodeback, we refrain from preparing Joint Wills because one never knows what life may bring to the surviving spous,e and a reciprocal will is preferable.
Testamentary Trust Will
This establishes a trust that takes effect after death. It’s especially useful for parents of minor children or those supporting dependents who need long-term care.
Benefits Include:
- Assigns a trustee to manage funds responsibly
- Protects young or vulnerable beneficiaries from receiving large sums too early
- Shields assets from creditors or legal disputes
- Allows the testator to control when and how distributions occur
For example, a parent may state that children receive partial distributions at ages 21, 25, and 30, with the trustee managing the funds in between. This structured approach helps protect both assets and beneficiaries.
Because these types of wills create legal obligations for trustees, attorneys ensure the trust’s terms are clear and enforceable under Florida’s trust code.
Self-Proving Will
A self-proving will is one that includes a notarized affidavit confirming the will’s authenticity. The affidavit is signed by the testator and both witnesses in front of a notary public.
Advantages of a self-proving will:
- Speeds up the probate process
- Reduces the need for witness testimony
- Establishes proof of proper signing and intent
Without a self-proving clause, the court may have to locate witnesses to verify signatures, which can cause delays. This is particularly important for retirees or older adults who may move or lose contact with witnesses over time.
Most Florida estate attorneys automatically include this step during execution. It’s a simple safeguard that saves your loved ones unnecessary stress when settling the estate.
Codicils and Will Updates
A codicil is a written amendment to a will. It lets you make updates without redoing the entire document.
Common reasons for codicils:
- Adding or removing beneficiaries
- Updating property ownership after selling or purchasing real estate
- Changing executors or guardians
- Adjusting charitable donations
However, too many codicils can create confusion. When several amendments exist, courts must interpret them together, which increases the risk of conflicting instructions. Further, it requires great record keeping. Is there one codicil? Two? Three? What happens if a beneficiary has in their possession codicil one and three but does not have two? This could complicate matters significantly because codicils can be used to change different sections in a Will. If a beneficiary does not have a missing codicil the Court will delay matters and the Court may require the beneficiaries to find the codicil and do more work then would be necessary if a new Will was created.
For clarity, attorneys often recommend drafting a new will instead of stacking multiple updates. From experience, one codicil is too many, and the attorneys at Dill, Evans & Rhodeback highly recommend preparing a new Will for clarity.
Regularly reviewing your will with your attorney ensures it continues to reflect your wishes, current property, and family situation.
Contractual Wills
A contractual will is a legally binding agreement, often between a married couple, where two parties agree to a specific plan for distributing their assets in their wills.
This agreement is supported by consideration and is designed to be enforceable even after one party dies, typically preventing the surviving spouse from changing their will.
The most common arrangement involves the couple agreeing to leave their assets to the survivor first, with the rest of the estate going to specific beneficiaries after both have passed away.
This may be something clients in a second or third marriage discuss with one of our attorneys. Another example may be significant others, who are making reciprocal wills.
In these cases, if a person wants to make sure the survivor inherits their assets but it eventually gets to their intended beneficiaries, this may be something to consider adding to their Wills.
While the contract is binding, the surviving spouse may be able to change their will. The remedy for the other beneficiaries is typically to sue the estate for breach of contract rather than specifically enforcing the will itself, which is generally changeable until death.
Related Questions
Can I Write My Own Will in Florida?
It’s risky. Florida’s legal requirements for execution are very specific, and mistakes can make a will invalid. Having an attorney draft or review your document guarantees compliance and reduces the chance of disputes later.
Does a Will Avoid Probate in Florida?
No. A will directs how assets are distributed during probate, but does not eliminate the process. However, an attorney can structure your estate to make probate faster and less expensive.
What Happens If I Die Without a Will in Florida?
The state applies intestacy laws, which divide property among relatives based on statute. This can lead to results that differ from your intentions, particularly in blended families or when unmarried partners are involved.
Why It’s Essential to Work with an Attorney
Estate planning is much more than paperwork. Every clause, witness signature, and asset title must meet strict Florida legal standards to hold up in court.
A single oversight, such as forgetting to update a beneficiary or misunderstanding homestead exemptions, can completely change how your property is distributed.
In Florida, if in your Will you direct the sale of your homestead property, it is no longer exempt from the claims of creditors, and the funds must be used to satisfy any creditors in the estate.
This would jeopardize hundreds of thousands of dollars and make a simple transferable asset a nightmare.
Working with an experienced attorney ensures that your will and all related documents work together to protect your assets and carry out your wishes.
Beyond drafting the language, we evaluate how your real estate, savings, debts, and family structure interact under Florida’s probate laws. This level of guidance helps prevent legal disputes, delays, and confusion for your loved ones.
When you work with us for estate planning, we help you…
- Confirm that your will meets all Florida execution and witness requirements
- Simplify the probate process and reduce unnecessary court involvement
- Coordinate related legal documents such as trusts, deeds, and healthcare directives
- Protect blended families, dependents, and jointly owned property
- Minimize tax exposure and safeguard assets from creditors
At Dill, Evans, & Rhodeback, we take the time to understand your life, assets, and family goals before recommending the right legal strategy. We help organize titles correctly, name responsible representatives, and ensure every instruction complies with Florida’s estate and probate laws.
Because our firm also practices elder law, business law, and real estate, we provide a comprehensive view of your entire estate.
This integrated approach is especially valuable for Florida residents who own property, operate a business, or support family members in multiple states. It ensures that every part of your estate plan works together to protect what matters most.
Conclusion
Understanding the different types of wills available in Florida empowers you to make better decisions about your estate plan. But creating one on your own can leave critical gaps or legal errors that cost your family time and money later.
Dill, Evans, & Rhodeback have helped Florida families protect what matters most.
Contact the team today to begin crafting a will that secures your legacy and ensures your loved ones are cared for according to your exact intentions.
