DIY vs. Attorney Estate Planning in Florida: What Miami Families Should Know

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Online will kits promise a complete estate plan for the price of a dinner in Brickell. For some Miami residents that is genuinely enough. For many, it is a trap that surfaces only after death, when the family is left in Miami-Dade probate untangling a document that did not say what the deceased thought it said. Here is an honest, cost-and-timeline comparison of doing it yourself versus hiring a Florida attorney.

The Real Appeal of DIY

The upfront cost of a DIY will is low, and for a simple situation — a single person, modest assets, no real estate, clear beneficiaries — a properly executed form will can be valid in Florida. The catch is in that word properly. Florida §732.502 requires the will to be signed by the testator and by two witnesses, all present together, and a self-proving affidavit needs a notary. Online forms routinely get the witnessing wrong, and Florida does not recognize holographic (handwritten, unwitnessed) wills at all — even ones valid in other states.

Where DIY Quietly Fails

The biggest failures are not typos — they are omissions. DIY kits rarely handle Florida homestead correctly (Art. X, §4), and an improper devise of a Miami home to the wrong person can be void, sending the property somewhere you never intended. Form wills almost never coordinate with non-probate assets like POD accounts and retirement beneficiaries, so the will and the account designations contradict each other. They do not address the spousal elective share (§732.2065), do not create trusts for minor or spendthrift heirs, and usually omit a durable power of attorney (Chapter 709) and health-care directives entirely — the documents you need while you are alive.

What an Attorney Actually Adds

An attorney does three things a form cannot. First, they ask the questions that reveal problems — a second marriage, a Florida home, a child with special needs. Second, they execute documents correctly under Florida law so they survive a challenge. Third, they think about probate avoidance: a funded revocable trust (Chapter 736) or a Lady Bird deed can keep your Miami home and accounts out of probate entirely, which is where the real savings live.

The Cost Comparison That Matters

The honest comparison is not DIY price versus attorney price — it is attorney price versus the cost of probate cleanup. Florida formal administration involves court filings, a personal representative, statutory notice to creditors, and attorney involvement, and it commonly takes many months in Miami-Dade. A botched DIY will can trigger litigation on top of that. Note one thing in DIY’s favor: because Florida has no state estate or inheritance tax, neither path carries a state death-tax bill — the value of an attorney is in structure and probate avoidance, not tax dodging.

A Middle Path

Doing it right does not always mean the most expensive plan. Many Miami families need only a will, a durable POA, and health-care directives — a focused, attorney-drafted package. The point is that a professional sizes the plan to your situation instead of selling you a one-size form.

Talk to a Florida Attorney

If your estate involves a home, a spouse, minor children, or any complexity, the savings from DIY rarely survive contact with Florida probate. Consult a licensed Florida estate planning attorney in Miami-Dade to make sure your plan is valid, coordinated, and built to avoid the costs you are trying to save.

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DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group PLLP.

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