Last Will and Testament: The Foundation of Your Florida Estate Plan
Whether you are just starting your family in Winter Garden or have called The Villages home for decades, a Last Will and Testament is the most fundamental document in your estate plan. It ensures that your voice is heard, your assets are protected, and your loved ones are cared for exactly as you wish.
At Marissa Petillo Law, we help families across all of Central Florida to create legally sound Wills that stand up to the strict requirements of Florida law.
Why Every Central Florida Family Needs a Valid Will
A Will does more than just distribute your property. In Florida, a properly drafted Will allows you to:
Appoint Guardians for Minor Children: For parents in Central FL, this is the most important decision you can make. A Will is the only legal document where you can formally designate who will raise your children if you are no longer able to.
Name Your Personal Representative: You choose the person (often called an "Executor") who will manage your estate, pay final bills, and distribute assets. This prevents the court from choosing someone you may not have wanted.
Protect Your Assets from Intestacy: If you die without a Will in Florida, the state’s "intestacy" laws decide who gets your property. This can lead to unintended results, especially for blended families or unmarried partners in Florida.
Florida’s Strict Legal Requirements (Fla. Stat. § 732.502)
Unlike some states, Florida has very specific rules for a Will to be considered valid. If these are not followed, your Will can be thrown out by a probate judge.
Written Form: Florida does not recognize oral or "holographic" (handwritten but unwitnessed) wills.
Signature at the End: The testator must sign at the very end of the document.
The "Two-Witness" Rule: You must sign in the presence of two witnesses, who must then sign in your presence and in the presence of each other.
[!TIP] The Self-Proving Affidavit: At Marissa Petillo Law, we include a notarized "Self-Proving Affidavit" with every Will. This allows your Will to be admitted to court without the need to track down your witnesses years later, significantly speeding up the probate process.
Serving Our Neighbors Across Central Florida
We provide personalized, local legal expertise to families in Winter Garden, Windermere, Clermont, Ocoee, The Villages, & all Central Florida:
Focused on young family protection and guardianship.
Helping homeowners and professionals secure their legacies.
Streamlining estates for retirees in Florida.
Will vs. Trust: Which Do I Need?
While a Will is essential, it does not avoid the probate court process. For many families, we recommend a Revocable Living Trust paired with a "Pour-Over Will." This combination provides the maximum privacy and speed for your heirs. During your consultation, we will determine which path is right for your specific goals.