Florida Will Guides
Florida will preparation checklist
Florida · Sources checked September 10, 2026 · General information, not legal advice.
Use this checklist to organize questions before preparing a will or meeting an attorney. It is a planning aid, not a will, an eligibility decision, or a certification that your arrangements are legally complete.
Keep your notes privately. Nothing on this page needs to be submitted to Will Florida. Account registration does not ask for family, financial, or medical details.
Published by Will Florida · Florida, United States · Sources checked .
General information, not legal advice. Our editorial policy.
1. Identify your goal
- Confirm that you mean a last will and testament rather than a living will or trust.
- Write down the main decisions you want to understand.
- Note whether you need a document urgently.
- Identify any existing will or other planning documents without altering or destroying them.
If the terminology is unclear, read will versus living will versus trust. If timing is urgent, use an available service or professional; confirm the provider’s scope and timing first.
2. Think about the people and organizations involved
- Privately note whom you want to consider as beneficiaries.
- Think about alternatives if someone dies before you or cannot take a role.
- Check the spelling and identity of people or organizations you have in mind.
- Note any question you have about providing for a spouse, child, or dependent.
Do not turn tentative wishes into automatic answers. A decision about what someone should receive may have consequences a general checklist cannot explain.
3. Consider who could administer the estate
- Think about someone you would ask to serve as personal representative.
- Consider whether they are willing and practically able to take on the work.
- Identify an alternative to discuss.
- Note their state of residence and any questions about eligibility.
Florida restricts who can qualify as a nonresident personal representative. Trustworthiness alone does not answer the statutory qualification question. Florida Statutes §733.304.
4. Separate wishes about children from assumptions about appointments
- If relevant, note whom you would like to discuss as a potential guardian.
- Consider talking with that person about practical responsibilities.
- Identify questions about an existing parent, custody arrangements, or managing property for a child.
- Ask an attorney which documents and court processes are relevant.
A nomination is not an unconditional private transfer of guardianship. Florida's preneed-guardian provisions for minors involve a written declaration and a court process; a court is not bound to appoint an unqualified nominee. Do not treat this checklist as that declaration. Florida Statutes §744.3046.
5. List property questions, not passwords
- Note the broad categories of property you want to understand.
- Identify accounts with existing beneficiary designations.
- Note jointly held property, business interests, trusts, or property outside Florida.
- Put ownership questions on your list for professional advice.
- Keep account numbers, passwords, and access credentials out of general planning notes that others may see.
You do not need to send an asset inventory to register an account. When you later work with a provider or attorney, use their appropriate channel for any information actually required.
6. Flag Florida issues for legal advice
- A Florida home and a spouse or minor child.
- A wish to exclude a spouse or uncertainty about spousal rights.
- Children from different relationships or possible family disputes.
- A beneficiary with special needs or needs-based benefits.
- Capacity, pressure, or undue-influence concerns.
- Business, international, tax, or trust questions beyond a basic document.
Florida homestead and elective-share rules can constrain assumptions about what a will can accomplish. This list highlights questions to raise; it does not decide how those rules apply to you. Florida Statutes §732.4015 and §732.201.
7. Compare the service scope
- Confirm Florida coverage and supported situations.
- Check exactly which documents and how many people the price covers.
- Distinguish automated checks from an attorney's advice or review.
- Ask about signing, updates, recurring charges, and document access.
- Read the privacy notice before providing detailed information.
Use the cost guide to compare complete scopes rather than just advertised prices.
8. Leave time for review and execution
- Read the entire draft and resolve wording you do not understand.
- Compare the draft with your answers and intended choices.
- Arrange the applicable witnesses and signing process.
- Clarify whether self-proof is included.
- If electronic execution is proposed, ask how Florida-specific requirements and any qualified custody are handled.
The Florida signing guide explains these separate steps. Do not assume an ordinary e-signature request completes them.
9. Plan for access and future changes
- Decide how the executed document will be kept and located.
- Make sure an appropriate person knows where to look.
- Keep track of which document is the current executed version.
- Review your planning after major family, residence, or property changes.
Florida imposes a post-death deposit obligation on a will's custodian. Planning for access matters beyond keeping a convenient digital copy. Florida Statutes §732.901.
A useful outcome: clearer questions
You do not need every box checked before asking for help. A short list of unresolved questions can be the most valuable thing you prepare.
The Will Florida $49 plan concerns guided preparation of one will draft. Do not submit your completed checklist through a general contact channel. Explore the preparation plan or return to all guides.