A Will That Actually Holds Up — Drafted by a Florida Attorney Who Knows What Invalidates Them

Most people put off writing a will because it feels complicated. It isn't — not when you work with someone who has drafted hundreds of them and knows exactly where informal documents fall apart. I'm Jeffrey Dowd, a Florida Bar attorney with 30 years of experience serving small business owners and families in Brandon and across the Tampa Bay region. A last will and testament is one of the most straightforward things I help clients accomplish — and one of the most consequential things they can stop postponing.

What a Will Does — and What It Doesn't

A will controls the assets held in your name alone at the time of your death. It names the person you want managing your estate — called a personal representative in Florida — and, if you have minor children, it gives you the opportunity to nominate a guardian. Those are meaningful decisions, and a will is the right legal instrument to make them.

 

What a will does not do is avoid probate. This is the most common misunderstanding I encounter. Assets that pass under a will go through the Florida probate court, a process that typically takes six to twelve months and becomes a matter of public record. A will guides probate — it does not bypass it. If avoiding court involvement entirely is your goal, a trust is the instrument that accomplishes that. You may need both, and I can help you figure out which combination makes sense for your situation.

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Why Florida Will Execution Requirements Matter More Than Most People Realize

Florida law is specific about what makes a will valid. These are not bureaucratic formalities — they are the requirements that determine whether your document will be honored or challenged when it matters most.

Two Witnesses and Notarization

To be valid in Florida, a will must be signed in the presence of two witnesses who also sign the document. To be "self-proving" — meaning it can be admitted to probate without requiring those witnesses to testify — it must also be notarized. Online will templates and DIY services routinely skip or mishandle these steps, producing documents that can be contested or rejected by the probate court.

No Handwritten Wills in Florida

Florida does not recognize holographic wills — handwritten wills signed without witnesses. A personal, handwritten statement of your wishes, no matter how clearly expressed, carries no legal weight under Florida law. If someone you know has relied on one, that document will not protect their family.

Named Personal Representative

Your will should name a personal representative — someone you trust to gather your assets, pay your debts, and distribute what remains to your beneficiaries. Without a named representative, the court appoints whoever petitions first under Florida's intestate administration statutes. That may or may not be the person you would have chosen.

Coordination with Your Business Interests

If you own a business, a will that ignores your ownership interest can leave that interest in limbo during probate — sometimes for over a year. Your operating agreement or buy-sell agreement controls what happens to your business ownership, and those documents need to be coordinated with your will. I work with small business owners specifically, which means I look at the full picture, not just the personal estate in isolation.

What Business Owners in Brandon Need to Know Before Drafting a Will

A will written without accounting for your business structure can create serious problems for the people you leave behind. If your LLC operating agreement restricts the transfer of membership interests, your will cannot override it. If you have a buy-sell agreement that triggers on death, that agreement — not your will — controls what happens to your ownership stake. Getting these documents aligned is not complicated, but it requires someone who understands both the estate planning side and the business law side. That is exactly what I do.

Who This Service Is For

A will is appropriate for a wide range of clients. I typically work with:

 

  • Small business owners in Brandon, Riverview, Valrico, and the surrounding Tampa Bay area who need their personal estate coordinated with their business documents
  • Parents with minor children who need to nominate a guardian in a legally valid document
  • First-time estate planning clients who want a straightforward, correctly executed will without paying for a full trust package they don't need yet
  • Established business owners revisiting outdated documents after a major life change — a marriage, divorce, new child, or significant change in business ownership

Flat-Fee Pricing, Published in Advance

I charge flat fees for estate planning work, and I publish them. You will know the cost before we begin — no hourly billing, no surprise invoices, no ambiguity. If you look at the fee and decide it's not for you, that's fine. My pricing is designed to attract clients who value getting it done correctly, not clients shopping for the cheapest document they can find.

Frequently Asked Questions About Wills in Florida

  • Is a handwritten will valid in Florida?

    No. Florida does not recognize holographic wills — handwritten documents signed without witnesses. To be valid under Florida law, a will must be signed in the presence of two witnesses who also sign the document. A handwritten statement of your wishes, however sincere, has no legal effect in Florida probate court.

  • Does a will avoid probate?

    No, and this is one of the most important distinctions in estate planning. A will guides the probate process — it tells the court who gets your assets and who should manage your estate. But assets that pass under a will still go through probate, which typically takes six to twelve months and is a matter of public record. If avoiding probate is your goal, a revocable living trust is the instrument designed to accomplish that.

  • Can I write my own will in Florida?

    Technically yes, but the execution requirements are strict and the consequences of getting them wrong are significant. A will that fails to meet Florida's witnessing and notarization requirements can be contested or rejected by the probate court. Online templates frequently miss these formalities. The cost of having an attorney draft a valid will is modest compared to the cost of a contested or invalid document.

  • What happens if I die without a will in Florida?

    Florida's intestate succession statutes determine who inherits your assets. Depending on your family situation, that may not reflect your actual wishes — and the court, not you, will appoint someone to administer your estate. For business owners, dying without a will can leave your ownership interest in limbo during probate, creating real operational and financial problems for your partners, co-owners, or family.

  • How often should I update my will?

    Review your will after any significant life change — marriage, divorce, the birth or adoption of a child, the death of a named beneficiary or personal representative, or a major change in your assets or business ownership. As a general rule, if more than three to five years have passed since you last looked at it, it's worth a review.

Ready to Get Your Will Done Correctly?

I work with clients in Brandon and throughout the Tampa Bay area — and remotely with clients anywhere in Florida. A valid will is not a complicated document. It is a decision you make once, executed correctly, so the people you care about are not left sorting out what you intended. Schedule a consultation and we'll get it done.