Wills and Trusts Attorneys
Drafting wills and revocable and irrevocable trusts under Florida law for individuals, founders, and business owners, with the execution rules, spousal rights, and homestead limits that shape every plan.
Florida law sets the formalities a will must meet, the requirements for creating a trust, and rights that a surviving spouse and minor children hold regardless of what a plan says. A will not executed as section 732.502, Florida Statutes, requires, or a plan that overlooks the elective share or the homestead restrictions, can operate differently from what the person who signed it intended.
Industria Business Lawyers drafts wills, revocable trusts, and irrevocable trusts for individuals, families, founders, and owners of closely held businesses. Every provision cited on this page was read from the 2026 Florida Statutes, the United States Code, or Internal Revenue Service guidance. A consultation is free.
The Statutes That Govern Wills and Trusts
Execution and self-proof of wills, creation and revocation of trusts, and the spousal and homestead rules that limit both.
Making and Signing a Will
Section 732.501, Florida Statutes, allows any person of sound mind who is 18 or older, or an emancipated minor, to make a will. Section 732.502(1) requires the will to be in writing and signed by the testator at the end, or by another person in the testator’s presence and at the testator’s direction. The signing, or the testator’s acknowledgment of it, must take place in the presence of at least two attesting witnesses, who must sign in the presence of the testator and of each other. Section 732.502(5) applies the same formalities to a codicil.
Self-Proof and Probate
Section 732.503 allows a will to be made self-proved, at signing or at a later date, by the testator’s acknowledgment and the witnesses’ affidavits made before an officer authorized to administer oaths, in substantially the form the statute sets out. The form provides for physical presence or online notarization. Section 733.103(1) provides that until a will is admitted to probate in Florida or in the state where the decedent was domiciled, it is ineffective to prove title to, or the right to possession of, the testator’s property.
Creating a Trust
Section 736.0402(1) provides that a trust is created only if the settlor has capacity, the settlor indicates an intent to create the trust, the trust has a definite beneficiary or is a charitable, animal-care, or permitted noncharitable purpose trust, the trustee has duties to perform, and the same person is not the sole trustee and sole beneficiary. Under section 736.0403(2)(b), the testamentary aspects of a revocable trust signed by a Florida domiciliary, meaning the provisions that dispose of trust property on or after the settlor’s death other than to the settlor’s estate, are invalid unless the instrument is executed with the formalities required for a will.
Revocable and Irrevocable Trusts
Section 736.0602(1) provides that, unless the terms of a trust expressly state that it is irrevocable, the settlor may revoke or amend it, a default that does not apply to trusts created under instruments executed before the code took effect. Under section 736.0602(3), a revocable trust may be revoked or amended by substantially complying with a method stated in its terms or, if none is stated, by a later will or codicil that expressly refers to the trust or specifically devises its property, or by another method that shows the settlor’s intent by clear and convincing evidence. Section 736.0602(5) allows an agent under a power of attorney to exercise those powers only as section 709.2202 authorizes.
The Elective Share
Section 732.201 gives the surviving spouse of a person who dies domiciled in Florida the right to an elective share, and section 732.2065 sets it at 30 percent of the elective estate. Under section 732.2035, the elective estate includes the probate estate and, among other interests, protected homestead, pay-on-death and transfer-on-death accounts, property the decedent transferred but could still revoke at death, such as assets in a funded revocable trust, and amounts payable to survivors under pension, retirement, and deferred compensation plans other than Railroad Retirement and Social Security benefits. Section 732.2045(1)(c) excludes transfers made with the spouse’s written consent.
Homestead Restrictions
Section 732.4015(1) provides that, as the State Constitution provides, homestead is not subject to devise if the owner is survived by a spouse or a minor child, except that it may be devised to the spouse if there is no minor child. Section 732.4015(2) extends that rule to a trust described in section 733.707(3), treating the grantor as the owner and a disposition by the trust as a devise. If homestead is not devised as the law permits and the decedent leaves a spouse and descendants, section 732.401(1) gives the spouse a life estate with a vested remainder to the descendants, and section 732.401(2) allows the spouse to elect instead, within 6 months after the death, an undivided one-half interest as a tenant in common.
How a Plan Is Evaluated
Validity, spousal rights, business interests, and federal transfer tax rules are assessed before documents are drafted.
Will, trust, or both. Section 733.103(1) ties a will’s effect on title to probate. For a revocable trust, the analysis turns on which assets have actually been transferred to the trustee, which pass by beneficiary designation or survivorship, and which remain in the individual’s name. Because section 736.0403(2)(b) requires will formalities for a revocable trust’s dispositive provisions, both instruments are signed with the same care.
Marriage, children, and divorce. Section 732.507(1) provides that a later marriage, birth, or adoption does not revoke a prior will, but a pretermitted spouse or child inherits under sections 732.301 and 732.302 regardless of it. Under section 732.507(2), provisions of a will that affect a spouse are void on dissolution of the marriage unless the will was executed after the dissolution, states a contrary intention, or the judgment expressly provides otherwise. A plan is reviewed after each of those events.
Spousal rights. Because the elective estate reaches revocable trust assets, transfer-on-death accounts, and retirement benefits, a plan that leaves a spouse less than 30 percent of it is tested against section 732.2065 and the written-consent exclusion in section 732.2045(1)(c).
Founders and business owners. The operating agreement, shareholder agreement, and any buy-sell terms are reviewed for transfer restrictions and consent requirements before a company interest is assigned to a trustee, and the trust instrument is drafted to give the trustee the authority needed to hold and vote that interest.
Federal transfer tax. 26 U.S.C. 2010 allows a credit against the estate tax measured by the applicable exclusion amount, and under 26 U.S.C. 2010(c)(5)(A) a surviving spouse may use a deceased spouse’s unused exclusion only if the executor elects it on a timely filed estate tax return. Internal Revenue Service Revenue Procedure 2025-32 states that the basic exclusion amount is $15,000,000 for calendar year 2026 and that the first $19,000 of gifts to any person in 2026, other than gifts of future interests, is not included in taxable gifts under 26 U.S.C. 2503.
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The attorneys were incredibly responsive, guiding me through every step of the process with clarity and professionalism.
They took the time to address all my questions and concerns, ensuring that I felt confident in each decision we made. Their attention to detail and thoroughness were evident in the documents they prepared, which gave me peace of mind. What stood out most was their commitment to my vision. They not only provided legal advice but also offered valuable insights into the industry, helping me navigate potential challenges and seize opportunities.
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How We Prepare a Will or Trust
Family, assets, titling, beneficiary designations, and any existing documents.
Elective share and homestead rules under sections 732.2035 and 732.4015 applied to the family.
Will, revocable trust, irrevocable trust, or a combination, chosen on the assets and goals.
Company agreements reviewed for transfer restrictions before any assignment to a trustee.
Instruments drafted and reviewed with the client provision by provision.
Signed before two witnesses under section 732.502, with self-proof under section 732.503.
Assets retitled to the trustee, and the plan revisited after marriage, divorce, a birth, or a sale of the business.
FAQ
01 • Individuals, Founders, and Business Owners What makes a will valid in Florida?
Under section 732.502, the will must be in writing, signed by the testator at the end, and signed or acknowledged in the presence of at least two attesting witnesses, who sign in the presence of the testator and of each other. Section 732.501 requires the testator to be of sound mind and 18 or older, or an emancipated minor.
02 • Individuals, Founders, and Business Owners Can I change a revocable trust after signing it?
Yes. Section 736.0602(1) allows the settlor to revoke or amend a trust unless its terms expressly make it irrevocable, and section 736.0602(3) describes how, starting with any method the trust itself provides.
03 • Individuals, Founders, and Business Owners Does a revocable trust need witnesses?
For a settlor domiciled in Florida, section 736.0403(2)(b) makes the provisions that dispose of trust property at or after death invalid unless the trust is executed with the formalities required for a will, which include two attesting witnesses under section 732.502.
04 • Individuals, Founders, and Business Owners Is a will signed in another state valid in Florida?
Section 732.502(2) provides that a will executed by a nonresident of Florida, other than a holographic or nuncupative will, is valid in Florida if it is valid under the law of the state or country where it was executed.
05 • Individuals, Founders, and Business Owners Does a divorce change my will?
Under section 732.507(2), provisions of a will that affect the former spouse are void on dissolution of the marriage, and the will is construed as if the spouse died at that time, unless the will states a contrary intention, was executed after the dissolution, or the judgment expressly provides otherwise.
Individuals, families, founders, and business owners planning under Florida law. Call (202) 860-1210 or describe your plans through the form. Free consultation. Every plan is drafted against the statute text in force.
This page provides general information about wills and trusts under Florida law and does not constitute legal advice. Reading it does not create an attorney-client relationship with Industria Business Lawyers. Whether a document is valid or a right exists depends on the facts and the law in force. Provisions cited were read on October 2, 2026 from the 2026 Florida Statutes at flsenate.gov, the United States Code, and Internal Revenue Service Revenue Procedure 2025-32 at irs.gov.