A will only protects your family if it is valid under Florida law. A document that ignores the state’s strict signing rules can be thrown out, sending your estate through default rules you never wanted. Here is a practical, step-by-step checklist for making a valid will in Miami.
Step 1: Confirm You Are Eligible
To make a will in Florida you must be at least 18 (or an emancipated minor) and of sound mind. Sound mind means you generally understand what you own, who your natural heirs are, and what the will does.
Step 2: Put It in Writing
Florida does not recognize oral wills, and it does not honor handwritten (holographic) wills unless they are signed and witnessed like any other will. A note in your own hand, no matter how clear, will not pass muster on its own. Your will must be a written document.
Step 3: Sign It Properly
Under Section 732.502, you must sign your will at the end, or have someone sign for you in your presence and at your direction. Do not sign separate pages on different days or in different rooms; the signing should be one continuous event with everyone present.
Step 4: Use Two Qualified Witnesses
Two witnesses must sign in your presence and in the presence of each other. This three-way presence requirement trips up many do-it-yourself wills. Choose witnesses who are not beneficiaries to avoid any appearance of conflict, even though Florida does not automatically void a gift to a witness.
Step 5: Add a Self-Proving Affidavit
Florida allows a self-proving affidavit signed before a notary at the same time as the will. This step is optional but highly recommended: it lets the will be admitted to Miami-Dade probate without tracking down witnesses years later, which can be difficult in a transient city.
Step 6: Name a Personal Representative
Name the person who will administer your estate, called a personal representative in Florida. The law limits who can serve, generally a Florida resident or a spouse, child, parent, sibling, or other close relative. Naming an out-of-state friend who does not qualify can create complications.
Step 7: Respect Homestead and Spousal Rights
Even a perfectly executed will cannot override Florida’s homestead restrictions or a spouse’s elective share (Section 732.2065 and following). If you are married or have minor children, your freedom to give away your Miami home is limited. Plan around these rules rather than against them.
Step 8: Store and Update It
Keep the original safe and tell your personal representative where it is; Florida probate generally requires the original document. Review the will after a marriage, divorce, birth, or major purchase.
Confirm Validity With a Florida Attorney
The signing formalities are unforgiving, and a single misstep can invalidate the entire document. Before you rely on a will, have a licensed Florida estate planning attorney in the Miami area review or prepare it to ensure it will stand up in probate.
For more on our Florida practice, see our overview of Florida estate planning. Morgan Legal Group's affiliated New York office also handles Medicaid asset protection trusts.
