Creating a will is one of the most important decisions you can make for your family’s future. A properly drafted will ensures that your assets are distributed according to your wishes and that your loved ones are provided for after you’re gone. Without a valid will in place, Florida law determines how your estate is divided, which may not reflect your intentions. Dean Law Firm, LLC helps residents of Davie understand the will drafting process and guides you through each step with clarity and compassion.
A will is the foundation of any estate plan. It allows you to name an executor to handle your affairs, designate guardians for minor children, and specify exactly how your property should be distributed. Without a will, your estate goes through intestate succession under Florida law, which may create delays, family conflict, and unexpected outcomes. A clear, legally valid will protects your wishes and provides direction to your family when they need it most. The cost of drafting a will is modest compared to the potential complications and expenses that arise without one.
A will is a legally binding document that outlines how you want your property distributed after your death. Florida law requires that a will be in writing, signed by you in front of two witnesses, and notarized to be valid. The document names an executor—the person responsible for managing your estate and carrying out your wishes—and can include instructions for guardianship of minor children. Your will may also address end-of-life decisions and name alternate executors in case your first choice is unable to serve. Understanding these requirements is essential to avoiding costly mistakes.
The person who creates and signs a will. This is you if you are having a will drafted.
The court process through which a will is validated, your debts are paid, and your property is distributed to your beneficiaries under judicial supervision.
The person you name in your will to manage your estate, pay your debts, and distribute your assets to your beneficiaries.
A person or organization designated to receive property or money from your estate according to the terms of your will.
Major life events—such as marriage, divorce, the birth of children, or significant changes in your assets—should prompt a review of your will. Florida law allows you to update your will through a new document or an amendment called a codicil. Keeping your will current ensures that it reflects your current wishes and family circumstances.
Your chosen executor may be unable or unwilling to serve when the time comes, whether due to illness, relocation, or other reasons. Naming one or two alternate executors provides continuity and prevents delays in settling your estate. Discuss the role with potential executors beforehand to ensure they understand the responsibilities and are willing to serve.
Your original signed will should be stored in a safe, accessible location—such as a safe deposit box or fireproof safe at home. Let your executor and trusted family members know where your will is kept and how to access it. A lost or inaccessible will can create significant complications for your family during the probate process.
If you have children under age 18, your will should name a legal guardian to raise them if both parents die. This is one of the most critical decisions in your will, and it deserves careful thought and professional guidance. A comprehensive estate plan ensures that guardianship provisions are clear and legally enforceable, protecting your children’s wellbeing.
If you own significant assets, a business, real property in multiple states, or have blended family situations, a will alone may not be sufficient to minimize taxes and avoid probate complications. A comprehensive plan might include a trust, which can provide privacy, control, and tax advantages that a will cannot. Dean Law Firm, LLC helps you understand whether a trust or other planning tools are appropriate for your situation.
If your assets are modest and your family situation is uncomplicated, a simple will may adequately address your wishes. Florida law allows for probate of smaller estates through simplified procedures that cost less and take less time. A basic will still provides the legal clarity and protection your family needs.
When you have a straightforward distribution plan—such as leaving everything equally to your adult children—a simple will can be appropriate. If there is no likelihood of family dispute or complex tax issues, a straightforward document may serve your needs effectively. However, it is still wise to have an attorney review your will to ensure it meets all Florida legal requirements.
Choosing to work with Dean Law Firm, LLC means working with attorneys who understand Florida probate law and genuinely care about protecting your family’s interests. We take time to listen to your concerns, answer your questions thoroughly, and explain the legal process in plain language. Our clients appreciate our straightforward approach—we don’t use unnecessary legal jargon or recommend services you don’t need. We focus on creating clear, legally sound documents that reflect your values and provide your family with the guidance they need.
Our firm has extensive experience helping individuals and families in Davie and throughout Florida with probate and estate planning matters. We understand the unique circumstances that affect families in our community and work with you to develop solutions tailored to your situation. Whether you are creating your first will or updating an existing plan, we provide the legal knowledge and personal attention you deserve. Contact Dean Law Firm, LLC today to schedule a consultation and take an important step toward protecting your family’s future.
If you die without a valid will in Florida, your estate is distributed according to Florida’s intestate succession laws. These laws follow a predetermined order of priority—your spouse receives a portion, then your children, then parents, and so forth—regardless of what you might have wished. This process can be lengthy, expensive, and may result in assets going to relatives you did not intend to benefit. Without a will, you also cannot name a guardian for minor children, which leaves that critical decision to the court. Your family may face conflicts about who should manage your estate, and your wishes regarding your personal belongings and property will have no legal weight. Creating a will allows you to direct the distribution of your estate and make important decisions about guardianship and your executor.
The cost of will drafting varies depending on the complexity of your estate and your specific circumstances. A simple will for a straightforward estate typically costs less than a comprehensive estate plan that includes a trust or addresses complex family situations. Dean Law Firm, LLC works with you to understand your needs and provide transparent pricing for the services you require. When considering cost, remember that a properly drafted will can save your family thousands of dollars in probate expenses, legal fees, and delays after your death. The investment in professional will drafting is modest compared to the potential consequences of an invalid will or intestate succession. We recommend discussing pricing and your specific situation during a consultation.
Yes, you can change your will after it is signed. You may do so by creating a new will that explicitly revokes the previous one, or by executing a codicil—a formal amendment to your existing will. Both methods must comply with Florida law, including proper witnessing and notarization, to be valid. It is important to understand that informal changes—such as writing notes on your will or crossing out provisions—are not legally binding and may create confusion. If you wish to make significant changes to your estate plan, it is often clearer and safer to execute a new will rather than use multiple codicils. Your attorney can advise you on the best approach based on the extent of the changes you wish to make.
Your executor should be someone you trust completely and who is willing and able to manage your estate responsibly. This person will handle your final bills, manage your property during probate, and distribute your assets to your beneficiaries according to your will. Many people choose a spouse, adult child, or trusted friend who is organized and has good judgment. Your executor does not need to be a lawyer or financial professional, but they should be someone capable of learning the requirements of their role and acting in your family’s best interest. It is essential to discuss the position with your chosen executor beforehand to ensure they understand the responsibilities and are willing to serve. You should also name one or two alternate executors in case your first choice becomes unable to serve.
While you are not legally required to hire a lawyer to create a will, it is strongly advisable. A lawyer ensures that your will complies with all Florida legal requirements, uses clear language that prevents misinterpretation, and addresses potential issues you might not have considered. An improperly drafted will can be challenged, may be deemed invalid, or may fail to achieve your intended goals. Working with an attorney like those at Dean Law Firm, LLC provides peace of mind and protects your family from costly mistakes. A lawyer can also discuss whether additional estate planning tools, such as a trust, might better serve your needs. The cost of professional will drafting is an investment in ensuring your wishes are legally protected.
A will and a trust are both important estate planning documents, but they serve different purposes and work differently. A will directs how your property is distributed after your death and goes through the court process called probate. A trust is a separate legal entity that holds your property during your lifetime and transfers it to beneficiaries according to your instructions, usually without court involvement. Trusts offer advantages such as privacy, avoiding probate, and the ability to manage your assets if you become incapacitated. Wills are simpler and less expensive to create but provide less control and privacy. Many people benefit from a combination of both a will and a trust as part of a comprehensive estate plan. Your attorney can help you understand which tools are appropriate for your situation.
You should review your will whenever a major life event occurs—such as marriage, divorce, the birth of children, significant changes in your assets, or changes in your wishes regarding beneficiaries. Even if your personal circumstances haven’t changed dramatically, reviewing your will every three to five years is a good practice to ensure it still reflects your current wishes. Florida law allows you to update your will by creating a new document or by executing a codicil. If you anticipate frequent changes, you might benefit from a revocable living trust, which can be updated more easily without the formality required for will amendments. Discuss your review timeline and options with your attorney during your will drafting consultation.
Florida law does allow handwritten wills in certain circumstances. A handwritten will, called a holographic will, can be valid if it is entirely in your handwriting, dated, and signed by you. However, handwritten wills are more vulnerable to challenges and are often unclear about the testator’s intent, which can lead to disputes among family members. A typed will that is properly witnessed and notarized is much more likely to be upheld without question. If you decide to create a handwritten will, have it reviewed by an attorney to ensure it complies with Florida law and clearly expresses your wishes. Professional will drafting eliminates ambiguity and significantly reduces the risk of your will being challenged or deemed invalid after your death.
Your will should include your name and declaration that it is your will, a statement that you are of sound mind, the names of your beneficiaries, a description of your property and how it should be distributed, the name of your executor, provisions for guardianship of minor children if applicable, and your signature with the date. You may also include provisions regarding your funeral arrangements, forgiving debts owed to you, or leaving specific items to specific people. Depending on your situation, you might also consider addressing potential estate taxes, naming alternate beneficiaries in case someone predeceases you, or providing instructions about specific assets such as a business. An attorney can help you identify all the provisions that should be included in your will based on your personal circumstances and goals.
The probate process in Florida typically takes four to seven months from the time your will is filed with the court, though it can take longer for complex estates. The timeline depends on factors such as the size of your estate, whether there are any disputes about your will or debts owed by your estate, and how quickly the executor and attorney can complete required tasks. Court approval of the final accounting often marks the end of the formal probate process. Simpler estates may qualify for a streamlined probate procedure called “disposition of property without administration,” which can be completed more quickly. The probate process involves validating your will, inventorying your assets, notifying beneficiaries and creditors, paying debts and taxes, and distributing remaining property to beneficiaries. While probate can seem lengthy, it provides a structured legal process that protects both your estate and your family.
