A simple will in Florida is a will covering a straightforward estate: one set of beneficiaries, no complex trusts, and clear instructions for guardianship if you have minor children. To make it valid, you must be 18 or older and of sound mind, sign the document, and have two witnesses sign in your presence. This guide walks through each step.
Surveys estimate that roughly half of Americans do not have a last will and testament. Estate planning can get complicated for people with significant assets or blended families, but most Florida residents are surprised to learn their situation makes writing a will a relatively simple process. Getting a simple will in place now is the most efficient way to control what happens to your property and keep probate manageable for your family. When you are ready, FastWill's will package builds a Florida-compliant simple will around your specific situation.
Step 1: Understand Why a Will Matters
Dying without a will is called dying intestate. When that happens, Florida's intestacy statutes decide who inherits your property, and the outcome strongly favors your closest family members, but not necessarily in the way you would choose. If you die without a will, your family faces a longer probate process and has no say in who serves as personal representative. With a will in place, the process moves faster and follows the instructions you actually wrote. For a full breakdown of what happens without one, see what happens if you die without a will in Florida.
Step 2: Gather Information About Your Assets
Start by making a complete list of what you own:
- Real estate
- Checking and savings accounts
- Investment and retirement accounts
- Personal property such as jewelry, vehicles, and family heirlooms
- Business ownership interests
- Life insurance policies
- Digital assets, including cryptocurrency and online accounts
Note that life insurance, retirement accounts, and similar assets with named beneficiaries typically pass outside your will directly to whoever you named on those accounts.
Step 3: Identify Your Beneficiaries
A beneficiary is anyone you designate to receive part of your estate. Record full legal names, relationships to you, and current contact information so your personal representative has no trouble locating them.
Step 4: Choose a Personal Representative
Florida calls this role a personal representative rather than an executor. This person settles your debts, files the will with the court, and distributes your assets according to your instructions. Many people choose a spouse, but an attorney, accountant, or trusted friend can serve as well. Always name an alternate in case your first choice cannot serve.
Step 5: Decide What Type of Will You Need
A simple will covers most Florida residents, but a few variations exist:
- Pour-over will: Used with a trust, it transfers any remaining assets into the trust when you die. Learn more in our guide to pour-over wills and trusts.
- Living will: This does not distribute property. It states your medical treatment preferences if you become incapacitated. See how to make a living will in Florida if you want to pair one with your simple will.
Step 6: Review Florida's Legal Requirements
Under Florida Statute section 732.502, a valid will requires:
- Age and capacity: You must be 18 or older, or a legally emancipated minor, and of sound mind.
- Writing: The will must be in writing. Florida does not recognize oral wills.
- Witnesses: At least two competent witnesses must watch you sign, or you must acknowledge to them that you already signed, and they must sign in your presence and each other's presence.
Florida does not disqualify a beneficiary from acting as a witness, though using disinterested witnesses is still the more cautious approach.
Step 7: Draft Your Simple Will
Your simple will should include:
- Identification: Your full legal name and address as the testator.
- Beneficiaries and bequests: Clear statements of who inherits what.
- Guardian designation: If you have minor children, name a guardian and an alternate.
Step 8: Review and Revise
Writing a will is not a one-time task. Review your simple will after a marriage, divorce, birth or adoption, career change, move to another state, real estate purchase, or death in the family. Even without a major event, an annual review is a reasonable habit. To make changes, you can execute a codicil or revoke the will and draft a new one.
Step 9: Execute Your Simple Florida Will
To finalize the will, sign it in front of two competent witnesses. Notarizing the document is not required, but it makes the will self-proving under section 732.503, meaning your witnesses will not need to testify in probate court later. Store the signed original somewhere secure, ideally fireproof and waterproof, and tell your personal representative exactly where to find it.
Frequently Asked Questions
What makes a will "simple" versus a full estate plan?
A simple will covers a straightforward estate without trusts or complex tax planning. Most Florida residents without a business or blended family situation only need a simple will alongside basic healthcare and financial documents.
Do I need a notary for a simple will in Florida?
No, but notarizing the will alongside your witnesses makes it self-proving, which speeds up probate for your family.
Can I change my simple will later?
Yes. You can amend it with a codicil for minor changes or revoke it entirely and execute a new will if your circumstances change significantly.
What happens to assets my will does not mention?
A residuary clause in your will should account for anything you did not specifically list, directing it to a beneficiary of your choice rather than leaving it in question.
Is a simple will enough if I have minor children?
A simple will can name a guardian for minor children, which covers the core need. Parents with significant assets sometimes pair a will with a trust to control how and when children receive property. See our guide on estate planning in Florida with minor children for more detail.
Best Way to Make a Simple Will in Florida
A simple will gives you control over your asset distribution instead of leaving it to Florida's intestacy statutes. Gather your asset and beneficiary information, meet Florida's age, capacity, and witness requirements, and execute the document properly with two witnesses. FastWill's will package checks every one of these boxes for you and keeps the whole process to about an hour. For a broader look at the documents Florida families typically need, visit our Florida estate planning guide.
