It is one of the most common questions we hear from clients in Ormond Beach and throughout Volusia County: do I really need a lawyer to make a will, or can I just do it myself? The honest answer is that Florida law does not require you to hire an attorney to write a will. But the law does impose strict requirements for a will to be valid, and small mistakes, the kind that online forms and do-it-yourself kits rarely warn you about, can leave your family with exactly the confusion and expense you were trying to prevent. At Mara Law, P.A., we have seen both sides: well-drafted wills that made a difficult time easier for a family, and defective ones that led to disputes, delays, and unintended results.

This guide explains what Florida requires for a valid will, where do-it-yourself wills most often go wrong, and how to decide whether your situation calls for professional help.

What Makes a Will Valid in Florida?

Florida’s requirements for a valid will are set out in Section 732.502 of the Florida Statutes, and they are stricter than many people expect:

• You must be at least 18 years old (or an emancipated minor) and of sound mind when you sign.
• The will must be in writing. Florida does not recognize oral wills, and it does not recognize handwritten wills unless they meet the same witnessing requirements as any other will.
• You must sign the will at the end, or direct someone to sign it for you in your presence.
• Two witnesses must sign the will, and they must do so in your presence and in the presence of each other.

That last requirement causes more problems than any other. If the witnesses sign at different times, or outside your presence, the will can fail entirely. When a will fails, Florida’s intestacy laws decide who inherits your property, and that legal formula may look nothing like what you actually wanted.

What Is a Self-Proving Affidavit, and Why Does It Matter?

A valid will does not need to be notarized. But Florida allows you to attach a self-proving affidavit, a short notarized statement signed by you and your witnesses at the time the will is made. This small extra step matters more than most people realize. Without it, the court may need to track down your witnesses after your death to confirm the will is genuine before probate can move forward. Witnesses move away, lose touch, or pass on, and hunting for them can add real delay and cost to the probate process. A self-proving affidavit lets the will be admitted to probate without that step. Nearly every attorney-drafted will in Florida includes one. Many do-it-yourself wills do not.

Where Do-It-Yourself Wills Most Often Go Wrong

Online forms and generic templates can produce a technically valid will. The problems we see usually come from what the form did not ask, or what the person filling it out did not know to think about:

• Improper signing. The most common failure is a witnessing mistake, which can invalidate the entire document.
• Assets the will does not actually control. Life insurance, retirement accounts, and jointly owned property generally pass by beneficiary designation or by ownership, not by will. A will that contradicts those designations does not override them, and the mismatch often surprises families.
• Florida homestead rules. Florida places unique restrictions on how a primary residence can be left when there is a surviving spouse or minor child. A generic national form does not account for this, and a homestead mistake can create serious complications.
• Outdated documents. Marriage, divorce, births, deaths, and moves between states all affect a will. Do-it-yourself wills tend to be written once and forgotten.
• Vague or conflicting language. Ambiguity in a will invites disagreement, and disagreements among beneficiaries can turn into expensive court battles.

When a Simple Will May Be Enough

Not everyone needs a complex estate plan, and we would rather tell you that honestly than sell you documents you do not need. A relatively simple will may serve you well if you are single or married with adult children, your assets are modest and straightforward, everyone you want to provide for is a legal adult, and your family relationships are stable and uncomplicated. Even then, having an attorney prepare or at least review the will is inexpensive insurance: it confirms the document is properly executed, includes a self-proving affidavit, and actually does what you think it does.

When You Should Definitely Talk to a Will Attorney

Some situations carry enough legal risk that professional drafting is strongly recommended:

• You own a home in Florida, because homestead rules affect nearly every homeowner’s estate plan.
• You have minor children, who cannot directly inherit property and for whom a guardian should be named.
• You have a blended family, children from a prior marriage, or an estranged family member.
• You want to leave someone out of your will, or leave unequal shares, which raises the risk of a challenge.
• You own a business, rental property, or property in more than one state.
• You have a child or family member with special needs whose government benefits could be affected by a direct inheritance.
• You are concerned about a future will contest, for example because of family conflict or a recent diagnosis affecting memory or cognition.

A Will Is Only One Piece of an Estate Plan

A complete Florida estate plan usually goes beyond a will. Depending on your circumstances, it may also include a durable power of attorney (naming someone to handle your finances if you cannot), a healthcare surrogate designation and living will (naming someone to make medical decisions and stating your wishes), and in many cases a revocable living trust or a Lady Bird Deed to help your family avoid probate on your home. Part of an attorney’s value is helping you see which pieces you actually need and how they fit together, so that your will, your beneficiary designations, and your deeds all point in the same direction instead of contradicting each other.

A Few Myths Worth Clearing Up

Two misconceptions come up constantly in our consultations. The first is the belief that a will avoids probate entirely. It does not. A will simply tells the probate court how to distribute your property; the estate still goes through the probate process, just with clear instructions to follow. The second is the assumption that a will written in another state automatically works the same way in Florida. Most out-of-state wills remain valid here, but Florida’s homestead rules and other state-specific quirks mean a will drafted elsewhere should still be reviewed by a Florida attorney after you move, rather than simply filed away and forgotten.

What Happens If You Die Without a Will in Florida?

If you die without a valid will, Florida’s intestacy statute decides who inherits, based on a fixed family formula. A surviving spouse may receive everything or share with children from another relationship, depending on the family structure. Unmarried partners, stepchildren you never adopted, close friends, and charities receive nothing, no matter how close you were. The court also chooses who administers your estate and, if you leave minor children, a judge decides who raises them without the benefit of knowing your wishes. A valid will is the only way to make those choices yourself.

Frequently Asked Questions

Is a handwritten will legal in Florida?

Only if it meets the same requirements as any other will, including two witnesses who sign in your presence and in each other’s presence. An unwitnessed handwritten will, sometimes called a holographic will, is not valid in Florida even if it is valid in the state where it was written.

Does a will avoid probate in Florida?

No, and this is a common misunderstanding. A will tells the probate court how to distribute your property, but the estate still goes through probate. Tools like living trusts, Lady Bird Deeds, and beneficiary designations are what allow assets to pass outside of probate.

How often should I update my will?

Review it after any major life event, such as a marriage, divorce, birth, death, significant change in assets, or a move to or from Florida, and otherwise every three to five years.

Can I change my will after I sign it?

Yes. You can amend a will with a properly executed codicil or replace it entirely with a new will. Changes must follow the same signing and witnessing formalities as the original, so handwritten edits on the document itself do not work and can create serious problems.

Talk to Mara Law, P.A. About Your Will. Whether you need a straightforward will or a complete estate plan, we will make sure your wishes are documented properly and legally. Contact Mara Law, P.A. today to schedule a consultation with a wills and estate planning attorney serving Ormond Beach, Daytona Beach, Palm Coast, and DeLand.