Miami Wills Lawyer | Secure Your Family’s Future Under Florida Law

Florida intestacy laws determine who inherits your property when you die without a valid will. However, the state’s distribution formula rarely reflects what most Miami families actually want to happen with their estate.

A properly executed will under Florida law prevents this. It allows you to designate guardians for your minor children, specify who will receive your home, appoint a personal representative you trust, and reduce family conflict during probate administration.

Whether your estate includes real property, business interests, retirement accounts, or heirlooms with sentimental rather than monetary value, a will documents your intentions in legally binding language.

The Estate Plan drafts wills that satisfy Florida’s statutory requirements while addressing your family’s unique circumstances. Call (305) 735-2689 to schedule a consultation at our Coral Gables office and establish a valid will that protects the people you love.

Table of Contents

• How The Estate Plan Helps With Your Miami Will
• What Does Dying Intestate Mean?
• Florida Will Requirements: Creating a Valid Document
• What Should You Include in Your Florida Will?
• When Do I Need to Update My Miami Will?
• FAQ for Miami Wills Lawyers
• Protect Your Family’s Future with a Comprehensive Florida Will

How The Estate Plan Helps With Your Miami Will

The Estate Plan focuses exclusively on Florida estate planning, probate, and trust administration. From our Coral Gables office, we serve Miami families throughout Miami-Dade County who need comprehensive will preparation that reflects both Florida law and their personal priorities.

During your initial consultation, we explain what provisions your will might include, discuss options for naming personal representatives and guardians, and show how your will coordinates with existing beneficiary designations on life insurance policies and retirement accounts. You will have the knowledge you need to make informed decisions about your estate plan.

Our wills lawyers in Miami prepare first-time wills, update existing documents after major life events, and coordinate wills with revocable living trusts for clients pursuing probate avoidance strategies.

Legal fees remain transparent from your first consultation, and we stay available when marriages, divorces, births, deaths, or relocations require will amendments. Call (305) 735-2689 to discuss your situation with a Miami wills lawyer who serves families across Brickell, Coconut Grove, Kendall, and throughout Miami-Dade County.

What Does Dying Intestate Mean?

Dying intestate triggers Florida’s statutory distribution scheme under Florida Statutes § 732.102. Who inherits depends entirely on your family structure at death:

• Married with children only from that marriage: Your spouse inherits your entire estate, which works for many couples but might not reflect your wishes if you wanted children to receive specific property immediately.
• Married with children from prior relationships: Your spouse receives half; children from all relationships split the remaining half. This formula often creates tension between current spouses and children from previous marriages, particularly when the estate includes a family home.
• Unmarried with children: Children inherit equally in per stirpes distribution. If one child predeceases you, that child’s share passes to their children (your grandchildren). Equal division might not address different needs—a disabled child requiring long-term care versus financially secure siblings.
• No spouse or children: Parents inherit first, then siblings, then more distant relatives according to statutory priority. Unmarried partners, close friends, stepchildren you never formally adopted, and charitable organizations receive nothing regardless of your relationship or intent.
• Beyond property distribution, intestacy means that the probate court appoints your personal representative without your input, guardianship proceedings for minor children occur without your guidance, and family members may dispute who should serve in these roles.

A Miami wills attorney prevents these outcomes by documenting your actual intentions in a legally enforceable document.

Florida Will Requirements: Creating a Valid Document

Florida imposes specific formalities for valid wills. Under Florida Statutes § 732.502, your will must be:

• In writing (typed or printed documents only—oral declarations and video recordings are invalid)
• Signed by you at the document’s end
• Witnessed by two individuals who watch you sign and then sign in your presence

While Florida law permits beneficiaries to serve as witnesses, best practice uses disinterested witnesses to eliminate grounds for later challenges based on undue influence or fraud.

Self-proving affidavits streamline probate administration. When you and both witnesses sign before a notary public and execute the affidavit simultaneously with the will, Miami-Dade probate courts accept the will’s validity without requiring witness testimony years after execution. This procedural step saves time and reduces costs during probate administration.

What Should You Include in Your Florida Will?

Comprehensive wills address multiple estate planning concerns beyond basic property distribution:

• Personal representative appointment: Name the individual (and successor) who administers your estate, pays valid debts, files required tax returns, and distributes assets according to your will’s terms. Select someone organized, financially responsible, and willing to handle complex administrative duties.
• Specific bequests: Designate who receives particular property—your Miami Beach condo to your daughter, investment accounts divided equally among children, family jewelry to specific relatives, cash gifts to charitable organizations.
• Guardian nominations: If you have minor children, your will nominates who raises them if both parents die. Miami-Dade courts give substantial weight to parental nominations while retaining authority to reject nominees if evidence demonstrates unfitness.
• Residuary clause: This provision distributes all property not specifically mentioned elsewhere, preventing partial intestacy if you acquire new assets between will execution and death.
• Digital asset instructions: Modern estates include cryptocurrency holdings, online business assets, social media accounts, and cloud-stored documents. Address who accesses and manages these digital properties.
• Disinheritance language: If you intentionally exclude someone who might otherwise inherit under intestacy laws, state that exclusion explicitly to prevent claims you overlooked them accidentally.

Our Miami-Dade wills lawyers discuss each component during your consultation to ensure your will addresses all relevant concerns for your family and estate.

When Do I Need to Update My Miami Will?

Major life events require immediate will review and potential amendments:

• Marriage: Florida law may give new spouses rights as pretermitted spouses if you marry after executing a will without updating it. Marriage can partially override your existing distribution plan, so review your will promptly after marriage to address spousal rights explicitly.
• Divorce: Under Florida Statutes § 732.507, divorce automatically revokes all provisions benefiting ex-spouses. However, update your will proactively to name new beneficiaries and personal representatives rather than relying solely on automatic revocation.
• Births and adoptions: Add new children as beneficiaries, update guardian nominations, and adjust percentage distributions to reflect your current family structure.
• Deaths: When named beneficiaries or your personal representative dies, execute will amendments naming replacements to avoid intestacy for lapsed gifts or court-appointed administrators.
• Asset changes: Purchasing Miami real estate, starting a business, receiving inheritances, or selling significant property might require will updates addressing these specific assets.
• Florida relocation: If you moved to Florida with a will drafted under another state’s laws, have a Miami wills attorney review it for compliance with Florida statutory requirements and homestead protections.

The Estate Plan reviews existing wills and prepares codicils (amendments) or complete rewrites when circumstances require updates.

FAQ for Miami Wills Lawyers

Do I Need a Lawyer to Make a Will in Florida?

While not required, most people benefit from legal guidance. Attorney fees for straightforward will preparation are modest compared to probate litigation costs from DIY execution errors.

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Where Should I Keep My Original Will in Florida?

Store your original will in a secure location and inform your personal representative and family members of its location. Options include fireproof home safes, your attorney’s office vault, or county clerk will depositories (available in some Florida counties).

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Can a Will Be Contested in Florida?

Yes. Potential heirs or beneficiaries might challenge wills based on undue influence, testamentary incapacity, improper execution, fraud, or duress. Reduce contest risks by working with a Miami wills lawyer who documents your capacity, ensures proper execution with disinterested witnesses, and drafts clear provisions addressing potential challenges.

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Protect Your Family’s Future with a Comprehensive Florida Will

The Estate Plan drafts Florida wills that clarify your intentions, satisfy statutory requirements, and protect your family from unnecessary probate complications. Our Coral Gables office serves Miami families throughout Miami-Dade County with straightforward will preparation, estate plan coordination, and ongoing document updates as circumstances change.

We provide transparent fee structures, plain-English explanations of Florida law, and consultations focused on your specific concerns—not generic templates or pressure for unnecessary services. Whether you need a first-time will, updates after divorce or remarriage, or coordination with existing trusts and beneficiary designations, we create estate plans reflecting your wishes and protecting the people who matter most.

Call (305) 735-2689 today to schedule your consultation and establish the legal protection your Miami family deserves.