- POD/TOD & Beneficiaries
Your will and testament does not change valid beneficiary designations. We review POD and TOD accounts to keep them consistent with your powers of attorney and overall plan. - Out-of-State Wills
Florida may honor an out-of-state will and testament if it was valid where signed, but we still check for Florida-specific rules. - Court Appearances
Probate goes through the court, but most clients never have to appear; we handle the process for you.
Wills & Testaments in Florida. Let’s Get Your Wishes in Writing (the Right Way)
A properly prepared will and testament does more than distribute property, it gives your family a clear, enforceable plan to follow. Done right, your Florida will names who’s in charge, who receives your assets, and who will care for minor children. Done poorly, it can lead to confusion, delays, and family disputes.
At Smith Will & Trust, we draft Florida-compliant wills in plain English and ensure they integrate seamlessly with your revocable trust, powers of attorney, and charitable trust provisions. This approach ensures your documents work together as a complete estate plan, not a collection of disconnected papers.
Under Florida law, a will and testament must be signed by the testator and witnesses in strict accordance with state execution requirements. These details matter. When your family needs to rely on the document, even one missed formality can determine whether your intentions are honored or challenged in court.
What your Florida will should (and shouldn’t) try to do
A solid will and testament typically:
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Names a personal representative (Florida’s term for “executor”) to manage your probate estate.
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Distributes probate assets to your chosen beneficiaries, or transfers them to your trust through a “pour-over” clause.
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Appoints guardians for minor children and outlines back-ups.
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Coordinates with any trust or powers of attorney you’ve established for probate avoidance, incapacity planning, or ongoing financial management.
A will and testament doesn’t:
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Control assets that pass outside probate (such as accounts with valid beneficiary designations or properly titled trust assets).
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Replace the need for complementary tools like powers of attorney or the formal signing and witnessing requirements Florida law demands.
Florida formalities – why the signing ceremony matters
Florida’s Probate Code spells out how a will and testament must be executed. In short, the document must be in writing, signed at the end by the testator (or by another person at the testator’s direction and in their presence), and properly witnessed. We conduct a careful, step-by-step signing ceremony to ensure your will complies with Florida law from day one.
After execution, we typically self-prove your will and testament using a notary-witness affidavit. This process does not alter the will’s content; it simply speeds up future court proceedings by eliminating the need to locate witnesses years later.
Good to know: Florida’s will-contest “penalty” clauses, also called “no-contest” or “in terrorem” clauses, are unenforceable. Beneficiaries cannot be penalized for raising a good-faith challenge. We draft with that in mind to minimize the risk of disputes.
Will-Only vs. Trust-Based Plans: What’s the Real-World Difference?
Will-only plans: Your probate assets typically pass through the probate court, a structured and public process for validating the will and testament, paying legitimate creditors, and distributing what remains to beneficiaries. Most appearances are handled by your attorney, and personal court visits are rarely necessary.
Trust-based plans: When you fund a revocable trust during life, many assets can bypass probate entirely and be managed privately if you become incapacitated. You will still have a short pour-over will and testament to capture any remaining assets and to name guardians for minor children.
Not sure which approach fits best? We will review your goals, assets, and timelines, then explain each option clearly so you can make an informed decision.
What we include (so your plan actually works)
Core Will and Testament Package
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Will (or pour-over will and testament) customized for your family, assets, and overall estate plan.
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Alternate personal representatives and guardians for children or dependents.
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Specific gifts such as keepsakes or charitable bequests, with practical default provisions to prevent gaps.
Integration Steps
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Beneficiary-designation review for bank, brokerage, retirement, and life-insurance accounts to ensure they align with your will and testament.
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Real-estate coordination including homestead considerations and deed or title checks, especially when your plan includes a revocable trust.
How we make this easy (and compliant)
Listen first :
family dynamics, sensitive concerns, tax exposure, and deal-breakers.
Design the plan :
will-only vs. trust-based; guardians; specific gifts; contingencies.
Draft & review:
short, plain-language summaries accompany your drafts.
Execute correctly :
Florida execution and self-proof formalities handled by our team.
Keep it current :
we suggest touch-points after life changes (marriage, birth, relocation, business sale) or every 3–5 years.
Quick briefs (for skimmers)
What to bring to your consult
Where we meet (and who to call)
Ready to create or update your will and testament? Our attorneys meet with clients across Tampa, Brandon, Riverview, and the SouthShore area to make the process clear, personal, and efficient. Whether you prefer an in-office meeting or a secure virtual consultation, we’ll guide you through every step—explaining your options for wills, trusts, estate planning and powers of attorney so your plan works when it matters most. Use the form below or call to schedule a consultation today.
Phone: (727) 424-1464Schedule Your Consultation
- Tampa Office: 4830 W. Kennedy Blvd., Suite 600, Tampa, FL 33609
FAQs
What makes a Florida will valid?
A will must meet Florida’s execution rules: in writing, signed as the statute prescribes, and witnessed properly. We also add a self-proving affidavit so the court can accept it without calling your witnesses later.
What’s a pour-over will?
It’s a will that “pours” any stray assets into your revocable trust at death—useful when your main plan is trust-based.
Can I add a clause that punishes someone for contesting my will?
You can—but Florida won’t enforce it. “No-contest” penalties are unenforceable here. We focus on clear drafting and communication to reduce disputes.
If I already have a trust, do I still need a will?
Yes. The will covers guardianship for minors and catches assets that didn’t make it into the trust.