Boca Raton Wills Lawyers
Skilled Estate Planners for Clients Across South Florida
A will is one of the most important legal documents an adult can create. It provides clear instructions for how your assets should be distributed, who should oversee your estate, and who should care for your minor children if something happens to you.
At LEEP LAW GROUP, we help individuals and families throughout South Florida prepare legally sound wills that reflect their wishes and protect the people they love. Our firm’s attorneys have over 24 years of combined experience and are dedicated to handling exclusively estate, probate, and elder law matters.
Request a free initial virtual consultation with a Boca Raton wills attorney by contacting us online or at (561) 760-9685.
Understanding Wills Laws in Florida
In Florida, a will is a legally enforceable declaration of how a person (the testator) wants their property disposed of after death. Unlike some other jurisdictions, Florida has very specific "strict compliance" rules. If these are not met, the document is not a will.
- The Florida Probate Code: Chapter 732 of the Florida Statutes dictates everything from who can make a will to how it must be signed. As your wills attorney in Boca Raton, we ensure every statutory requirement is met to avoid "intestate succession," which is the state's default plan for people who die without a will.
- Prohibition of Holographic Wills: Florida does not recognize "holographic" wills—those that are handwritten and unattested—even if they were legal in the state where they were originally written. Every will must be formally executed.
- Self-Proving Wills: Under Florida Statute 732.503, a will can be made "self-proving." This involves a specific affidavit signed by the testator and witnesses in front of a notary. This step is vital because it allows the will to be admitted to probate without the need for the witnesses to testify in court later, significantly speeding up the process.
- Homestead Restrictions: Florida has unique and complex laws regarding "homestead" property. You cannot simply "will" your primary residence to anyone if you have a surviving spouse or minor children. We help navigate these restrictions to ensure your housing plans are legally viable.
How We Help You with Drafting Your Will
At LEEP LAW GROUP, we approach will preparation as part of a broader strategic estate plan. We do not rely on generic templates or online forms. Instead, we take the time to understand your family structure, asset profile, and long-term objectives.
Our process includes:
- A thorough review of your financial and family circumstances
- Clear explanations of Florida probate law
- Customized drafting tailored to your goals
- Careful supervision of the proper execution of formalities
Florida has strict legal requirements governing the signing and witnessing of wills. Errors in execution can render a document invalid. We verify that your will complies fully with Florida law, reducing the risk of challenges later.
Why a Will Is Necessary
Many people assume that if they pass away without a will, their assets will go to their closest relatives without complication. In reality, dying without a valid will in Florida means dying “intestate,” and Florida law determines how your estate is distributed.
That default distribution plan may not match your intentions. It also does not address personal preferences, family dynamics, or specific concerns about minor children or vulnerable beneficiaries.
A properly drafted will allows you to:
- Decide who inherits your assets
- Name a personal representative (executor) to administer your estate
- Designate guardians for minor children
- Provide for blended families or nontraditional relationships
- Leave specific gifts of property or sentimental items
- Create testamentary trusts for minors or other beneficiaries
- Address charitable bequests
- Outline funeral or burial preferences (when appropriate)
If you die intestate in Florida, the court appoints a personal representative to manage your estate, the law determines who inherits your assets and in what proportions, and minor children may require a court-supervised guardianship.
Furthermore, family disputes are more likely to arise due to ambiguity or competing expectations, and the probate process can become more complicated and time-consuming.
For families with blended relationships, estranged relatives, or unique financial situations, the absence of a will can lead to unintended consequences, sometimes irreversible. A valid will provides structure and clarity during an already difficult time.
-
Focused Practice That Protects Your Legacy
By dedicating our practice exclusively to estate planning, elder law, and probate, we deliver the depth of knowledge your family deserves.
-
Clarity You Can Rely On
We simplify complex legal processes into clear, straightforward steps so you always know your options and feel confident moving forward.
-
Trusted by Hundreds of Florida Families
Our reputation is built on real relationships, proven results, and the confidence families place in us during life’s most important moments.
-
Compassionate Guidance Through Life’s Transitions
From planning ahead to navigating loss, we walk beside you with empathy, patience, and clear guidance at every stage.
-
Personalized Strategies That Honor Your WishesWe take the time to understand your goals, your family, and your future so every plan is thoughtfully tailored to reflect what matters most to you.
-
Free Consultations Available
We believe in helping families take the next step with confidence, which is why we offer free virtual consultations for select case types to discuss your options without obligation.
Frequently Asked Questions
LEt US Help You understand your options before taking the next step
-
A Boca Raton Will attorney helps you create, review, and update a legally valid will that meets Florida’s specific requirements. At LEEP LAW GROUP, we work closely with Boca Raton residents and couples to outline clear wishes, appoint executors, and prevent future disputes.
We also ensure your will comply with Florida Statute Chapter 732, which governs estates and inheritances. With professional guidance, you can be confident that your loved ones will be protected and your estate handled properly.
-
If you pass away without a will, Florida’s intestate succession laws determine who inherits your property. The court will appoint a personal representative, and your spouse or children may not receive assets the way you expected. At LEEP LAW GROUP, we’ve seen how this causes confusion and family stress.
Creating a valid will through an experienced Boca Raton Will attorney allows you to stay in control and protect your spouse and heirs from unnecessary legal and emotional hardship.
-
You should review and update your will every few years, or sooner if your life changes, for example, after marriage, the death of a beneficiary or appointed personal representative, divorce, relocation, or new grandchildren. Florida’s laws and family dynamics can shift over time, and outdated wills may lead to conflicts or court challenges.
Our Boca Raton Will attorney can review your plan to confirm that all names, assets, and instructions remain accurate and legally enforceable under current Florida statutes.
-
A will outlines how your assets are distributed after death and typically goes through probate. A trust, however, can take effect while you’re alive and allow for private, streamlined transfers of assets without court involvement.
Many Boca Raton couples use both tools together for stronger protection. Our attorney explains how trusts and wills can work side by side to safeguard your property, avoid unnecessary taxes, and provide long-term security for your spouse and family.
-
While Florida law allows handwritten or self-prepared wills, they’re often declared invalid because of improper signing or missing witnesses. Our Boca Raton Will attorney has reviewed many do-it-yourself wills that later caused costly disputes in Palm Beach County probate court. Working with an attorney ensures that your will follows Florida’s legal standards and prevents mistakes that could put your family’s inheritance at risk.
-
A will provides clear instructions for distributing assets, but it doesn’t eliminate probate. However, a well-drafted will can make the process faster and more efficient by avoiding confusion or disputes among heirs.
At LEEP LAW GROUP, our Boca Raton Will attorney structures each will with probate in mind, ensuring your spouse or personal representative can move through Florida’s court system smoothly and with fewer delays.
Strict Florida Execution Requirements
Florida courts continue to demand "strict compliance" with will execution. Unlike some states that allow "holographic" (handwritten but unwitnessed) wills, Florida does not. For a will to be valid here, it must meet the following criteria under Florida Statute § 732.502:
- In Writing: Oral wills (nuncupative) are never valid in Florida.
- Testator’s Signature: The person making the will (the "testator") must sign at the very end of the document.
- The Two-Witness Rule: The testator must sign in the presence of at least two competent witnesses.
- Simultaneous Presence: The witnesses must sign in the presence of the testator and in the presence of each other. This "signing ceremony" is a critical legal hurdle where many DIY wills fail.
To ensure your Will stands up to scrutiny, our firm focuses on these essential elements:
- Testamentary Capacity: The testator must be at least 18 years old (or an emancipated minor) and of "sound mind" at the time of execution. This means you must understand the extent of your property and who your natural heirs are.
- Proper Execution: Florida law requires the testator to sign at the end of the Will in the presence of at least two attesting witnesses. Crucially, the witnesses must sign in the presence of the testator and in the presence of each other.
- Absence of Undue Influence: A Will can be thrown out if it is proven that someone coerced the testator into signing it. We document our consultations to prove that your decisions are yours alone.
- Specific Identification of Assets: To provide proven results, we help you clearly identify beneficiaries and the specific assets or percentages they are to receive, reducing the risk of ambiguity that leads to litigation.
The Florida Probate Process for Wills
When a person passes away, their Will must be "admitted to probate." This is the court-supervised process of gathering assets, paying debts, and distributing what remains. Our firm guides families through this journey:
- Filing the Will: The person in possession of the original Will must lodge it with the Clerk of the Court in the county where the deceased resided within 10 days of learning of the death.
- Appointment of Personal Representative: The court officially appoints the person named in your Will as the "Personal Representative" (executor). In Florida, this person must be either a Florida resident or a close relative.
- Notice to Creditors: We assist the representative in publishing a formal notice to creditors. Florida law provides a specific window (usually 90 days) for creditors to make claims; after this, they are generally barred forever.
- Inventory and Appraisal: Every asset must be accounted for and valued. This is a critical step for both tax purposes and fair distribution.
- Final Distribution: Once debts and taxes are settled, the court authorizes the distribution of assets to the beneficiaries named in the Will.
Take Control of the Future—Call LEEP LAW GROUP.
Creating a will is one of the most responsible steps you can take for your family. It reduces uncertainty, minimizes disputes, and makes your voice heard even when you are no longer here to speak.
Because our firm has successfully handled thousands of estate matters for clients across South Florida, we bring substantial experience to every matter. Our legal team is known for its care, attention to detail, and professional excellence. Clients consistently choose our firm because we combine legal precision with a genuinely personal approach.
Let our Boca Raton wills attorneys help you draft, amend, or update your will to give you and your family lasting peace of mind.
Call (561) 760-9685 or complete our online contact form to schedule a complimentary discussion with an attorney about your will-related needs or concerns.
Client Experiences That Speak for Themselves
Real stories. Real peace of mind.
-
“Their firm operates with the highest level of integrity and ethics, and I felt completely confident trusting them with such important matters.”- Elyce A.
-
“Tara guided me through the challenges of my parent's probate with grace. I cannot thank her enough for all her guidance.”- Marc S.
-
“Not only is Ms. Wood a highly capable professional, but she also possesses special personal qualities that make her so well suited to handle our needs. She is extremely compassionate, understanding and kind.”- M.S.
-
“Ms. Wood is knowledgeable, helpful, explained matters in order to make sure we understood all necessary papers, and has always been available for us whenever we called.”- L.K.
-
“Christine and her team are amazing! They helped me with my Estate plan and the process was easy and Christine explained it in its entirety during a one on one meeting!”- Danielle
Key Actions to Take When Creating or Updating Your Will
-
1List All Assets and Beneficiaries
Write down everything you own and who you want to receive it. This helps clarify your priorities.
-
2Appoint a Responsible Personal Representative
Choose someone trustworthy who can carry out your wishes with care.
-
3Review Florida’s Legal Requirements
A Boca Raton Will attorney ensures your document meets all formalities for validity under state law.
-
4Discuss Your Plan with Your Spouse or Family
Open communication reduces disputes and confusion later.
-
5Keep Your Will in a Safe, Accessible Place
Store the original in a secure location and tell your representative where it can be found.
