Types of Wills in Florida

5 Types of Wills for Florida Estate Planning

There are five types of valid wills in Florida.

1. Simple Wills

A simple will is performs all the basic functions of a last will and testament without getting into anything too complicated. A simple will appoints a personal representative (sometimes called an “executor” in other states), designates a guardian for minor children, and explains who gets the assets at death.

2. Complex Wills

A complex will is exactly like a simple will, except that there is more to it. A complex will might include a testamentary trust, which is a trust created by the will at death and funded with assets from the estate. A complex will might also include Medicaid provisions for a spouse, perhaps creating a Qualifying Special Needs Trust. The key difference between a simple will and a complex will is that a complex will is a more complicated document.

3. Military Wills

A military will is executed in accordance with federal law. Thus, these wills do not have to comply with Florida’s strict requirements. However, not everyone is allowed to execute a military will, and military wills are not able to do as much as a Florida will.

4. Pour-Over Wills

A pour-over will is almost always combined with a revocable living trust. The pour-over will takes all assets left in your estate after you pass away and moves those assets into a trust. Then the trust takes over and determines what happens to the assets. A pour-over will is a little bit like a backup plan, it moves everything into your trust after you die, just in case you forgot to move over some assets.

5. Mirror Image Will

A mirror image will is the closest thing to a joint will you can get in Florida. Florida does not allow for joint wills, but it does allow two people to create wills with nearly identical terms, with the only difference being the names of the testator and the identity of the spouse. Thus, each will is a mirror image of the other, allowing a couple to plan jointly for death.

Invalid Wills in Florida

Holographic Wills

Holographic wills are handwritten documents signed only by the testator (the person who makes the will). These wills have no signatures from witnesses and are thus not recognized in Florida, where witness signatures are a requirement. However, a handwritten will can be valid in Florida if it is signed by the testator and two witnesses, all in the presence of each other.

Oral Wills

An oral will is exactly what it sounds like: a will that was spoken out loud and is not in writing. This is not a valid will in Florida. Simply speaking the words out loud is not enough.

Is a trust a type of will?

No, a trust is not a will. However, a revocable living trust is sometimes referred to as a “will substitute.” This is because the living trust can dispose of property, just like a will. However, a trust is not a will. Wills are admitted into probate, but revocable living trusts are designed to avoid probate.  In fact, as explained above, if you have a revocable living trust, you will still need a pour over will along with it.