Florida Wills & Elective Share in Miami

Even families who build their plan around trusts still need a properly executed Florida will. The will serves as the legal foundation that names a personal representative, directs any assets that were not transferred into trust, and frequently includes a pour-over provision that channels remaining property into the family’s revocable trust. For high-net-worth households, the will must also be drafted with the spousal elective share and homestead devise restrictions firmly in mind, because Florida law overrides a will that ignores them.

Executing a Valid Florida Will

Florida Statutes section 732.502 sets strict formalities: the will must be in writing, signed by the testator at the end, and signed by two witnesses who sign in the presence of the testator and of each other. Florida also recognizes self-proving wills, which include a notarized affidavit that allows the will to be admitted to probate without locating the witnesses later. For a substantial estate, these formalities are not technicalities a defective execution can invalidate the entire instrument and throw the estate into intestacy.

The Spousal Elective Share

Florida protects surviving spouses from disinheritance through the elective share. Under section 732.2065, a surviving spouse may elect to take 30 percent of the elective estate regardless of what the will provides. The elective estate is broad: it reaches far beyond probate assets to include many non-probate transfers such as revocable trust property, certain joint accounts, and other interests. This is critical for affluent families, because a plan that routes most wealth outside the will does not, by itself, defeat the elective share. We design plans that account for or coordinate with this right rather than colliding with it.

Homestead Devise Restrictions

Florida’s Constitution limits how homestead property may be devised when the owner is survived by a spouse or minor child. An attempted devise that violates these limits is ineffective, and the property passes by operation of law often giving the spouse a life estate or an elective interest, with the remainder to descendants. A will that disposes of the homestead without honoring these rules can produce results the testator never intended. We address homestead expressly in the plan.

Choosing a Personal Representative

For a complex estate, the choice of personal representative matters. Florida law restricts who may serve, and a representative administering a high-net-worth estate must manage businesses, marshal diverse assets, and navigate formal administration under Chapter 733. We help clients select and empower a representative equal to the task.

Coordinating the Will With the Whole Plan

A will rarely stands alone. We integrate it with the revocable trust, beneficiary designations, and entity ownership so that every asset has a clear, intended destination and the elective share and homestead rules are satisfied throughout.

Consult a Florida Attorney

This page is general information, not legal advice. Will execution, the elective share, and homestead devise rules are technical and fact-specific. Consult a licensed Florida attorney to prepare or update your will under current Florida law.