Under Florida law, a last will and testament: A typical simple will in Florida makes one’s spouse the sole beneficiary and personal representative, and it gives all assets equally to their children after the second spouse’s death.Ī valid will must follow all requirements provided by section 732.502 of the Florida Statutes.
Also, an attorney preparing a will may not make themselves their client’s heir. Provisions in a will that make a bequest deemed contrary to public policy, such as a bequest conditioned upon race or religious criteria, are not enforceable. A person can give what they want, to whom they want, and how they want after their death.Ī will’s testamentary directions can be simple, or the directions can be complex and detailed. The will can be changed any number of times.Īs a general rule, there are no restrictions about the directions someone can write in their will. Probate is designed to pay a decedent’s creditors, and after creditor claims are resolved, to legally transfer title to the decedent’s property to heirs named in the will.Ī person can write a last will and testament at any time during their lifetime. A Florida will is administered through a legal proceeding called probate.
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