You must be 18 or an emancipated minor and of sound mind. The will must be in writing, signed by you at the end (or by someone you direct, in your presence), and signed by two witnesses who are present with you and with each other at the same time. Florida does not recognize holographic (handwritten, unwitnessed) wills made here. A self-proving affidavit is not required but makes probate easier.

No. A will is the document the court uses in probate. Assets in your name alone with no beneficiary, POD/TOD, or joint owner still go through court. To avoid probate, assets must be titled in a funded living trust, jointly with right of survivorship or tenancy by the entireties, or pass by beneficiary designation.

A will speaks only at death and is public once filed. A funded revocable living trust can operate during life (including incapacity), stay private, and pass titled assets without probate. Trust provisions that dispose of property at death generally need the same two-witness formalities as a will. A “pour-over” will is still used to catch assets left out of the trust. A will, not a trust, is the usual place to nominate a guardian for minor children.

Florida intestacy rules apply to probate assets. In broad terms: a surviving spouse may take all or a share depending on whether there are descendants (and whether those descendants are also the spouse’s); then descendants; then parents; then siblings and their descendants. Homestead and family allowances have separate rules and can change who actually receives the home.

Probate is the court process of collecting assets in the decedent’s sole name, paying valid debts and expenses, and transferring what remains. It is typically needed for solely owned real estate and other probate assets. It is not needed for properly funded trust assets, accounts with valid beneficiaries, most joint-with-survivorship property, or many small estates that qualify for simplified procedures. Venue is usually the county of Florida domicile.

Disposition without administration: very small personal-property estates (generally up to $20,000 plus qualifying final expenses; no real property in that track). Summary administration: nonexempt assets subject to administration of $150,000 or less, or the person has been dead more than two years. Homestead is excluded from that cap. No personal representative is appointed. Formal administration: larger or more complex estates; a personal representative is appointed, creditors are noticed, and the court supervises. The $150,000 / $20,000 figures apply to deaths on or after July 1, 2026; older deaths generally use the prior $75,000 / $10,000 limits.

Yes. Florida Statute 732.901 requires the custodian of the original will to deposit it with the clerk of the circuit court in the proper county within 10 days after learning of the death, and provide the date of death (and typically identifying information). There is generally no fee just to deposit the will. Failure to deposit can create liability.

Homestead has strong creditor protection, but the Florida Constitution restricts who can receive it at death. If you are survived by a minor child, you generally cannot devise the homestead (by will or revocable trust). If there is a spouse and no minor child, you may typically leave it to the spouse. Putting the home in a revocable trust does not dodge these rules. Title often still needs a court homestead determination even when the home is not a creditor asset.

No state estate tax and no state inheritance tax. Large estates may still face federal estate tax if they exceed the federal exemption (on the order of $15 million per person in 2026). Probate costs (court fees and statutory personal-representative/attorney schedules in formal administration) are separate from taxes.

Preference goes to the person named in the will; if there is no will, typically the surviving spouse, then someone chosen by a majority in interest of the heirs. An individual Personal Representative must be a Florida resident or a close relative (spouse, sibling, parent, child, or certain other relatives), regardless of residence. In formal administration, Florida Probate Rule 5.030 generally requires the personal representative to be represented by a Florida attorney unless that person is the sole interested person.