Florida Last Will and Testament Attorney
Don’t Leave Your Family in the Hands of the Court System
If you don't have a will, Florida will make decisions for you
If you have a family, assets of any kind, and a wish to help them even after you’ve passed away, a Last Will and Testament is your best bet for ensuring that happens. It’s the only place where you can name who will raise your minor children if you’re unable to, and decide who will inherit which assets. It’s simple, effective, and makes probate worlds easier.
Without one, your assets get frozen while the courts sort it out. Your family has no legal authority to do anything until a judge appoints someone. And if you have minor children, a court—not you—decides who raises them.
None of that is dramatic; we’ve seen it happen many times in probate. It’s just what happens. And it’s completely avoidable with one document.
We've Watched What Happens Without a Will.
That's Exactly Why We Do This.
At Family Life Law, we’ve helped Miami-Dade families with wills and estate planning for over 45 years of combined experience. We know what the Eleventh Judicial Circuit looks like from the inside, we know what Florida’s execution requirements actually demand, and we know what a poorly drafted—or missing—will does to a family that’s already grieving. When you work with us, you’re not filling out a form. You’re sitting down with attorneys who understand what’s at stake and build every document around your specific situation.
What Happens If You Don’t Have a Last Will and Testament
Your children could end up with the wrong guardian.
If you have minor children and you pass away without a will, a Miami-Dade judge decides who raises them. That judge doesn’t know your family; they haven’t met your sister who would be perfect for the role or the relative you’d never want involved.
Only a will gives you the legal right to name the person you actually trust.
Your assets go where Florida says, not where you say.
Under Florida’s intestate (dying without a will) succession laws, § 732.102 and § 732.103 lay out exactly who receives what, and it might not be what you would’ve wished for. A long-term partner who isn’t married to you receives nothing. A distant relative you’ve never met could receive a share of your estate. An ex-spouse may still have a claim depending on how your assets are titled.
Your family gets stuck waiting while the courts catch up.
Without a will, everything has to go through formal probate administration in Miami-Dade’s Eleventh Judicial Circuit before a single asset can move. That process is public, asset-draining, and slow. Bills still come in, and mortgages still need to be paid. Everything keeps moving while the legal system processes your estate.
What Working With A Florida Last Will and Testament Attorney Looks Like
You’ll be in charge of:
Who receives what—
And in what order if a primary beneficiary passes before you do. This is called a contingent beneficiary, and most online templates you may have considered skip it entirely.
Who your Personal Representative is—
And a backup in case that person is unable to serve. Miami-Dade's courts require a Florida resident or close relative for this role under § 733.302, and we make sure your choice qualifies.
Who raises your children—
And what your wishes are regarding their care, education, and upbringing. This is the part of a will that matters most to most parents, and it deserves more than a single line on a form.
How specific assets are handled—
Including your Coral Gables home, any investment accounts, personal property, and anything else that matters to you.
We also make sure your will works alongside your other estate planning documents, such as your power of attorney, your healthcare directive, and any trust you have or may need. An estate plan is only as strong as how well its pieces fit together.
Answering Commonly Asked Questions
Does a will avoid probate in Florida?
No, but it does make it a lot easier. A will still goes through Miami-Dade’s probate process. It just makes that process way more straightforward because the court has clear instructions to follow.
Can I just write my own will in Florida?
Florida does not recognize handwritten wills the way some other states do. Under § 732.502, your will must be signed in front of two witnesses who also sign it in front of you and each other. It must be notarized to be self-proving. A document that doesn’t meet those requirements can be challenged and potentially thrown out entirely, leaving your family in exactly the situation you were trying to avoid.
My spouse and I have been together for 20 years but we're not married. Does that change anything?
Yes, very much. Florida’s laws give no automatic inheritance rights to unmarried partners—regardless of how long you’ve been together, whether you own property together, or how your finances are intertwined. Without a will that explicitly names your partner as a beneficiary, they could receive nothing. This is one of the most important reasons unmarried couples in Coral Gables need a Last Will and Testament.
What happens if my named beneficiary passes away before I do?
If your will doesn’t name a contingent (or backup) beneficiary, that share of your estate typically falls back into the general estate and gets distributed under Florida’s default rules. We build every will with contingency planning built in so there’s always a clear answer, no matter what order things happen.
Let’s Create Your Florida Last Will and Testament
There’s never a perfect time to think about what will happen after you pass away. But the families who are most at peace are the ones who took care of it, because they know their family won’t be left guessing, fighting, or struggling at an already painful time of losing you.
Schedule your consultation with Family Life Law Today
If you’re dealing with an estate planning, probate, or family law matter and want to understand your options, contact us today to schedule a consultation.