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Put Your Wishes in Writing

Writing a will is about more than dividing property. It’s about making sure your voice is heard when it matters most. Whether you want to leave specific gifts, name a guardian, or create instructions for handling your estate, our team works to ensure your plans are honored with precision and care. At Berg Bryant Elder Law Group, we help Floridians put their intentions into clear, legally sound documents that stand up when families need them.

Creating a will is one of the most important steps you can take to secure your family’s future. Without a proper will, Florida law—not you—decides who gets your property and who takes care of your minor children. At Berg Bryant Elder Law Group, we help you create a clear, legally valid will that protects your loved ones and gives you peace of mind.

Don’t leave your family’s future to chance. Let us help you create a plan that works.

What is a Last Will and Testament?

A last will and testament (commonly called a “will”) is a legal document that tells everyone what should happen to your property after you die. In your will, you can:

  • Name who gets your belongings, money, and property
  • Choose a guardian for your minor children
  • Pick someone (called the “personal representative” or “executor”) to carry out your wishes
  • Make specific gifts to people or charities you care about
  • Create a plan for pets

Your will only takes effect after you die. Until then, you can change it as often as you want.

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Why Every Florida Adult Needs a Will

Many people think they don’t need a will because they don’t own much or they’re not elderly. This is a dangerous mistake. Here’s why every adult in Florida should have a will:

1. Avoid Florida’s “One-Size-Fits-All” Plan

If you die without a will in Florida (called dying “intestate“), the state has a preset formula for who gets your stuff. This formula might not match your wishes at all. For example:

  • If you’re married with children from a previous relationship, your current spouse and children will split your assets—even if that’s not what you want
  • If you’re unmarried but have a long-term partner, they get nothing—everything goes to your parents or siblings
  • If you want to leave something to close friends or charities, they get nothing without a will

2. Protect Your Minor Children

Perhaps the most important reason to create a will is to name guardians for your minor children. Without this guidance, a court will decide who raises your children if something happens to you, with no guarantee they’ll choose the person you would have wanted.

3. Save Your Family Time, Money, and Stress

A clear, properly written will makes the probate process (the legal process of distributing your assets) much simpler. This means:

  • Less time spent in court
  • Lower legal fees
  • Fewer family disagreements
  • Faster distribution of assets to your loved ones

If you’re ready to put your wishes in writing, our team at Berg Bryant Elder Law Group is here to walk you through each step.

What Makes a Will Legal in Florida?

For your will to be valid in Florida, it must meet these requirements:

  • You must be at least 18 years old
  • You must be of “sound mind” (understand what you’re doing when you make the will)
  • The will must be in writing
  • You must sign the will at the end
  • Two witnesses must watch you sign and then sign the will themselves
  • The witnesses must be present at the same time when signing

While Florida doesn’t require a notary, having your will notarized makes it “self-proving,” which simplifies the probate process for your family later.

The Dangers of DIY Wills

Many online services offer do-it-yourself will forms. While these might seem like a money-saving option, they often create serious problems:

Missing State-Specific Requirements

Florida has specific laws about wills that generic online forms might miss. These small details can make your entire will invalid.

Unclear Language Leads to Fights

DIY wills often contain vague or confusing language that leads to family arguments and even court battles over what you really meant.

Missed Opportunities for Planning

A DIY will might accomplish the basics, but miss important planning opportunities that could save your family money or protect your assets better.

Many DIY wills failed to include crucial provisions or contained language that could lead to problems during probate.

Areas Served

Duval County

  • Jacksonville
  • Atlantic Beach
  • Jacksonville Beach
  • Neptune Beach
  • Baldwin

Clay County

  • Green Cove Springs
  • Orange Park
  • Middleburg
  • Lakeside
  • Fleming Island
  • Oakleaf Plantation
  • Bellair-Meadowbrook Terrace
  • Keystone Heights
  • Penney Farms

St. Johns County

  • St. Augustine
  • Hastings
  • Vilano Beach
  • St. Augustine Beach
  • Ponte Vedra / Ponte Vedra Beach
  • Fruit Cove
  • Palm Valley
  • Nocatee
  • World Golf Village
  • St. Augustine Shores
  • St. Augustine South
  • Sawgrass

Wills vs. Trusts: What’s the Difference?

Many clients ask whether they need a will or a trust. The answer depends on your specific situation, but here’s a simple breakdown:

Wills:

  • Take effect only after death
  • Must go through probate court
  • Become public record
  • Name guardians for minor children
  • Are generally less expensive to create

Trusts:

  • Can work during your lifetime and after death
  • Avoid probate court completely
  • Stay private
  • Can manage assets if you become disabled
  • Are generally more expensive to create, but may save money later

Many of our clients benefit from having both a will and a trust as part of a complete estate plan. 

Jacksonville Office (Main)
Orange Park Office
St. Augustine Office

Take the First Step to Protect Your Legacy

Life moves quickly. Children grow up, relationships change, and assets come and go. Don’t leave your family wondering what you would have wanted.

At Berg Bryant Elder Law Group, our Florida attorneys make the process simple and stress-free. We serve families throughout Northeast Florida, including Jacksonville, Orange Park, and surrounding communities. 

Don’t put off creating your will until it’s too late.

Contact us today to schedule a consultation and take the first step toward securing your family’s future.

Frequently Asked Questions

About Last Will and Testament

How often should I update my will?

You should review your will after any major life event such as:

  • Marriage or divorce
  • Birth or adoption of children or grandchildren
  • Death of a beneficiary or executor
  • Moving to a new state
  • Significant changes in your finances
  • Changes in tax laws

Even without major changes, it’s wise to review your will every 3-5 years.

What happens if I die without a will in Florida?

If you die without a will, Florida’s “intestate succession” laws determine who gets your property. Generally, your assets will go to your closest relatives in an order set by state law, regardless of what you might have wanted.

Can I disinherit someone in my will?

In Florida, you can disinherit most family members through your will, but there are special protections for spouses. A surviving spouse is entitled to at least 30% of the deceased spouse’s estate, regardless of what the will says (called the “elective share“).

Who should I name as my personal representative?

Choose someone who is:

  • Trustworthy and honest
  • Organized and detail-oriented
  • Good at communicating
  • Willing to take on the responsibility
  • Likely to outlive you
  • A Florida resident (or a close relative if not a resident)
Do I need an attorney for a will in Florida?

While Florida law doesn’t require an attorney to create a will, having one is highly recommended. A properly drafted will must follow specific legal requirements to be valid. Missing even small details can make your entire will invalid. An attorney helps you avoid common mistakes, addresses your specific situation, and ensures that your will accomplishes what you want. The cost of fixing problems after you’re gone is far higher than getting it right from the start.

Do you need a trust if you have a will in Florida?

No, you don’t need a trust if you have a will, but many people benefit from having both. A will and a trust serve different purposes. A will goes through probate court and becomes public record, while a trust avoids probate and stays private. For many Florida families, a simple will is enough. However, if you own significant assets, have minor children, worry about potential disputes, or want to avoid probate, adding a trust to your estate plan makes sense. During our consultation, we can help you decide if a trust would benefit your specific situation.



Serving clients throughout Duval, St. Johns, Clay, and Nassau Counties including Jacksonville, Jacksonville Beach, Neptune Beach, Atlantic Beach, Ponte Vedra Beach, Orange Park, Fleming Island, St. Augustine, and surrounding areas.

Jacksonville Office (Main)
  • 7545 Centurion Parkway, Suite 108
    Jacksonville, FL 32256
    Monday-Friday: 8:30 AM - 5:00 PM
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Orange Park Office
  • 1929 Park Avenue
    Orange Park, FL 32073
    Monday-Friday: 8:30 AM - 5:00 PM
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St. Augustine Office
  • 145 Land Grant Ste 6
    St. Augustine, FL 32092
    Monday-Friday: 8:30 AM - 5:00 PM
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