A will is the backbone of most estate plans, but in Florida the document is only as good as the way it was signed. Miami probate courts regularly invalidate wills over execution mistakes. Here is exactly how to make one that holds up, what it costs, and how long it takes.
What a Florida Will Can and Cannot Do
A will names your personal representative (Florida’s term for executor), states who inherits, and can nominate a guardian for minor children. What it does not control: assets with named beneficiaries (life insurance, retirement accounts), jointly titled property, and — importantly for Miami homeowners — protected homestead, which descends under constitutional rules that can override your will if you are married or have minor children.
The Execution Rules Under Section 732.502
This is where most DIY wills fail. Florida law requires three things at signing: you must sign the will at the end (or direct someone to sign for you in your presence); two witnesses must be present; and those witnesses must sign in your presence and in each other’s presence. All of it should happen in one continuous signing session. Miss a witness or sign the wrong page and the entire will can be challenged.
Who Can Be a Witness
A witness should be a competent adult. While Florida does not automatically void a gift to a witness, using a disinterested witness — someone who does not inherit — is the safe practice and avoids handing a challenger an argument later.
Make It Self-Proving
Florida lets you add a self-proving affidavit, signed by you and both witnesses before a notary. This is worth doing every time. Without it, your personal representative may have to track down a witness years later to prove the will in Miami-Dade probate court. With it, the will proves itself and probate moves faster.
Cost and Timeline
A straightforward Florida will is among the least expensive estate planning documents and is usually drafted within one to two weeks of your intake meeting. The signing appointment itself takes under an hour. A complex estate — blended family, business, or significant assets — costs more and often pairs the will with a revocable trust.
Common Mistakes to Avoid
Do not handwrite changes on a signed will; under Florida law unwitnessed alterations are not honored and can muddy the whole document. Do not assume an out-of-state will is fine without review. And never store the only original somewhere your personal representative cannot find it — Florida requires the original to be deposited with the clerk after death, and a lost original triggers a harder process.
After You Sign
Keep the original safe, tell your personal representative where it is, and review the will after any major life event — marriage, divorce, a new child, or buying a Miami home. A surviving spouse in Florida also has elective-share rights, so marital changes especially warrant a fresh look.
Consult a Florida Attorney
The signing rules are unforgiving and homestead can quietly override your wishes. A licensed Florida estate planning attorney can draft your will, supervise execution, and make it self-proving so it survives scrutiny in Miami probate.
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