Last Will and Testament: The Foundation of Your Florida Estate Plan
Whether you are starting a family in Winter Garden or have called The Villages home for decades, a Last Will and Testament is an important part of a comprehensive Florida estate plan. A properly prepared Will allows you to express your wishes, name a personal representative, designate guardians for minor children, and provide instructions for the distribution of assets that pass through your estate.
At Marissa Petillo Law, we provide personalized legal guidance for creating a Will that complies with Florida law and reflects your family, your assets, and your wishes. While a Will is an important estate planning document, we also help you understand when additional planning tools—such as a revocable living trust—may be appropriate for your circumstances.
Why Professional Drafting is Essential for Florida Families
A Will does more than describe how you would like certain assets distributed after your death. A properly prepared Florida Will can help you make important decisions about who will manage your estate, who should serve as guardian for minor children, and who should receive assets that pass through your probate estate.
Nominate Guardians
A Will allows you to nominate the person or people you would prefer to serve as guardian of your minor children, subject to court approval.
Choose a Personal Representative
You can nominate the person you want to serve as your personal representative to administer your probate estate.
Plan for Asset Distribution
Your Will provides instructions for distributing assets that pass through your probate estate, rather than leaving their distribution solely to Florida's intestacy laws.
Navigating Florida’s Strict Legal Requirements
Florida law establishes specific requirements for a Will to be valid, including requirements governing its execution under Fla. Stat. § 732.502. Because these formalities matter, having your Will properly prepared and executed is an important part of creating an effective estate plan.
At Marissa Petillo Law, we help ensure your Will is prepared and executed in accordance with Florida law so you can move forward with greater confidence in your estate plan.
The Signature Requirement
The testator must sign the Will at the end of the document, as required by Florida law.
The Two-Witness Requirement
Florida generally requires the testator to sign or acknowledge the Will in the presence of two witnesses, who must also sign in the presence of the testator and each other.
Self-Proving Affidavit
A properly executed and notarized self-proving affidavit can help streamline probate by allowing the Will to be admitted without requiring additional testimony from the witnesses.
Will vs. Trust: Which Path is Right for Your Family?
While a Will is a foundational estate planning document, it is important to understand that a Will does not avoid the Florida probate process for assets that pass through the Will. Depending on your assets, family circumstances, and planning goals, a Revocable Living Trust paired with a Pour-Over Will may provide additional planning benefits, including probate planning and greater privacy for assets properly held in the trust.
At Marissa Petillo Law, we help you understand the differences between these planning tools and determine which approach best fits your circumstances.
| Planning Tool | Best Used For... | Florida Probate Considerations |
|---|---|---|
| Last Will & Testament | Naming guardians for minor children, choosing a personal representative, and providing instructions for assets that pass through your probate estate. | Assets passing under the Will generally require probate administration. |
| Revocable Living Trust | Managing trust-owned assets during your lifetime and planning for their management and distribution after your death, with probate planning and privacy as potential benefits. | Properly funded trust-owned assets generally avoid probate. |
| Durable Power of Attorney | Designating someone to manage financial and legal matters on your behalf during your lifetime if authorized under the document. | Not a probate tool; authority generally ends at death. |
Serving Our Neighbors Across Central Florida
Whether you are a young parent in Horizon West planning for your children’s future or a retiree in The Villages looking to organize and simplify your estate plan, Marissa Petillo Law provides thoughtful, personalized guidance tailored to your family, your assets, and your goals.
Ready to Plan With Confidence?
Your estate plan should give you greater clarity about the future and confidence that your wishes have been thoughtfully considered. Schedule a Peace of Mind Planning Session today and take the next step toward protecting what matters most to you and your family.
Marissa Petillo Law
Serving individuals and families in Winter Garden, Windermere, Horizon West, Ocoee, Clermont, The Villages, Lady Lake, Leesburg, Wildwood, and surrounding Central Florida communities.
Call or Text:(407) 219-9107