A lot of adults avoid writing a will because they assume it requires a lawyer, a big bill, or complicated legal strategy. In reality, most families simply need a clear document that spells out who gets what, who should handle the estate, and who will care for minor children. In Florida, the law allows you to prepare your own will as long as it meets the technical requirements. The real question is whether your situation is simple enough to stay on the straightforward path.

What Counts as a Valid Will in Florida

Florida is strict about the formal requirements. A will must be written, signed by the person creating it, and witnessed by two people who sign in each other’s presence. Florida does not accept handwritten wills that are not witnessed and does not accept digital only wills at this time. If any required element is missing, the court may treat the will as if it never existed.

These rules are designed to prevent fraud and protect families. For simple situations, many people use approved forms or work with a non attorney document preparer for educational support and clerical help.

Naming a Guardian for a Minor Child

Florida allows parents to name a guardian for a minor child in their will. This gives the court clear direction about who the parent prefers to care for the child if both parents are gone. Many families choose to involve an attorney because the decision has long term importance and the wording must be clear.

I prefer to work with my attorney partner whenever a client wants to name a guardian for a minor child. It ensures the instruction is documented safely and confidently.

How Beneficiary Designations Fit Into the Picture

This is the area that causes the most confusion. The will is not always the document that controls the bulk of your assets. Accounts with named beneficiaries pass outside the will (and probate), as long as the beneficiary form is valid and accepted by the institution. This includes retirement accounts, life insurance, investments, and bank accounts with POD or TOD designations.

In Florida, some families choose to use a ladybird deed for a primary residence. It names who receives the property at death while allowing the owner to keep full control during life. When drafted and executed correctly, it can avoid probate and still preserve the step up in basis. This means the home is generally valued at its fair market value on the date the beneficiary inherits it, which can reduce or eliminate capital gains taxes if the property is later sold.

Because a ladybird deed involves real estate law, long term control, and potential tax implications, I always refer this document to my Florida licensed attorney partner. She handles every ladybird deed without exception.

When beneficiary forms and deeds are set up properly, the will becomes the place that handles everything left over. Personal items, household contents, vehicles, and any accounts without beneficiaries are managed through the will. Beneficiary forms and POD or TOD designations should be reviewed periodically so nothing is forgotten.

When a Simple Will Is Usually Enough

A simple will works well for many Florida families, especially when:

• Major accounts already have beneficiaries listed.
• One primary person or group will inherit.
• A guardian preference for minor children needs to be expressed.
• There is no complicated real estate, business ownership, or trust structure.
• The goal is clarity, not advanced estate planning.

In these cases, the will ties up loose ends and names the personal representative.

When It Is Time to Bring in an Attorney

Certain situations need legal advice because the decisions have long term consequences. Examples include:

• Blended families or strained relationships.
• Multiple properties or unusual real estate issues.
• Creating a trust or planning long term control of assets.
• Beneficiaries with disabilities or vulnerabilities.
• Business ownership or large estates.
• Homestead and spousal rights questions.
• Drafting or reviewing a ladybird deed.
• Naming guardians for minor children.

This is exactly where my attorney partner steps in. Document preparers cannot offer legal advice or interpret legal consequences.

How This Varies in Other States

Most states allow individuals to write their own wills, but the rules vary. Some accept handwritten wills. Some require notarization. Some accept electronic wills. Witness rules and spousal rights differ widely. Anyone who moves or owns property in more than one state should have their documents reviewed by a licensed attorney in that specific state.

The Most Overlooked Problem: Your Family Must Be Able to Find Everything

You can have the perfect plan, but it becomes useless if your family cannot find the documents or account information. Every year, billions of dollars go unclaimed simply because families never knew what existed or where anything was kept.

A legacy binder pulls everything together in one place. It tells your family what you have, where it is, who to call, and what to expect. Even more important is a real conversation. The best estate plan in the world is worthless if no one knows about it.

How I Support Families in Florida

I prepare clear, Florida compliant documents for straightforward situations and help clients understand how their beneficiary designations, POD and TOD accounts, and overall planning fit together. Whenever something involves legal advice, tax implications, a ladybird deed, or naming guardians for minor children, I work directly with my Florida licensed attorney partner. This provides a safe, educational, and structured process from start to finish.

Disclaimer

This article is for educational purposes only and is not legal advice. For legal questions or complex situations, consult a licensed attorney in your state.