Jacksonville Will Lawyer
Planning for the future starts with a legally sound will. A Jacksonville will lawyer can help ensure your wishes are honored and your loved ones are protected under Florida law. At Beller Law, PL, we provide personalized will writing services tailored to your family, assets, and long-term goals.
We help families in Northeast Florida plan for the future and support their loved ones through difficult times. With decades of experience, our team can clarify the options available to you under Florida law. We don’t just go through the motions or provide generic solutions like typical will-writing services. We prepare legally sound estate planning documents tailored to your unique life and goals.
Probate of an Estate
Probate is the legal process that handles and distributes someone’s estate after death. It includes:
- Submitting and validating any applicable will,
- Notifying beneficiaries and creditors,
- Identifying and gathering the deceased person’s assets,
- Paying debts and taxes, and
- Distributing remaining assets according to the will or Florida law if there’s no will.
Probate can be time-consuming and complex, but making a will in Florida can reduce court time and confusion for interested parties. Working with an experienced Jacksonville will lawyer can help your family get the most out of the probate process and reduce stress.
Do I Need a Will in Florida?
If you want control over how to distribute your assets and who will care for your family when you’re gone, writing a will is an important part of that plan. There are other forms of estate planning (which we cover below), but let’s review why a will is essential and the basics of creating one.
What Happens When There Is No Will?
If you die without a valid will in Florida, you die “intestate.” In that case, state law determines who inherits your property through intestate succession rules. These rules contemplate the distribution of your assets in ways you may not have chosen.
The order in which heirs inherit begins by considering whether there is a surviving spouse and children, and whether any of those children are under the age of 18.. If there are none, the next step is to look for parents, then siblings, and then more distant family members. Absent any of these, the State of Florida gets your estate through escheatment. A properly written will can avoid this result.
A Will’s Effect
A will is the cornerstone of many estate plans. It allows you to specify who will:
- Receive your property after you die,
- Serve as your personal representative or executor to handle your estate, and
- Take care of your minor children or dependents.
For these provisions to be effective, the will itself must be thorough and properly executed.
Will Requirements
A legal will in Florida must be:
- In writing,
- Signed by its creator (testator) in front of at least two competent witnesses, and
- Signed by the two witnesses in front of each other and the testator.
A testator must be at least 18 years old and of sound mind when creating their will. At Beller Law, PL, we can help ensure your will meets all requirements under Florida law and accurately reflects your intentions.
Will Considerations
Even if you already have a will in place, it’s important to review its terms every so often.
First, a divorce after you create your will voids any gifts made to your ex-spouse. On the flip side, a spouse you marry or a child you have after you write your will might not receive gifts. Secondly, any new property you acquire after making the will may pass under intestate succession laws if you do not include them in your plan.
You can make changes to your will by:
- Updating specific provisions. You can update your will by drafting new clauses and signing the writing with witnesses.
- Revoking old terms. When you revoke your will and write a new one, you are revoking the old will terms that are inconsistent with the new terms.
- Cancel all terms. To cancel the entire will and start over, you can destroy it by burning, tearing, or taking another intentional action to cancel it.
We can help you choose the best method for making changes to your will or assist you in creating a new document that reflects your updated estate plans.
Avoiding Probate
One of the first questions we usually hear is, Do I need a will in Florida? An equally important question might be, Do you want your estate to go through the probate process? If you don’t, you might be better off with a trust or titling your assets with a right of survivorship.
Trusts
A trust is a legal arrangement in which you transfer assets to a trustee-managed entity for the benefit of your chosen beneficiaries. Because you grant title of your assets to the trust, those assets are no longer part of your estate when you die and are not subject to probate. Putting your assets in a trust during your lifetime might also reduce your loved ones’ estate tax liabilities and help you qualify for certain government benefits.
Trusts can be simple or complex. They must be created and properly funded to work as intended. We can help design and implement a trust that matches your needs and complies with the law.
Assets with Right of Survivorship
To protect your family, you may choose to:
- Name a loved one as a beneficiary to receive life insurance proceeds; or
- Title real estate, financial accounts, or personal property to a loved one with a right of survivorship.
Titling your property with the proper designation, and in some cases recording those titling documents, can help you transfer those assets to your family almost immediately after you pass, without the need for probate.
Take Action with Us Today
Creating or updating a will is one of the most important steps you can take to protect your family. If you are considering making a will in Florida, our Jacksonville will lawyer can help you create a plan that reflects your wishes and complies with state law. Contact Beller Law, PL today to get started.
Resources:
- The Florida Bar, Consumer Pamphlet: Probate in Florida, link.
- The Florida Bar, Consumer Pamphlet: Do You Have a Will? link.
- Share of other heirs, Fla. Stat., § 732.103 (2025), link.
- Escheat, Fla. Stat. § 732.107 (2025), link.
- Who may make a will, Fla. Stat. § 732.501 (2025), link.
- Who may witness, Fla. Stat. § 732.504 (2025), link.
- Effect of subsequent marriage, birth, adoption, or dissolution of marriage, Fla. Stat. § 732.507 (2025), link.
- Revocation by writing, Fla. Stat. § 732.505 (2025), link.
- Revocation by act, Fla. Stat. § 732.506 (2025), link.
- The Florida Bar, The Revocable Trust in Florida, link.
