Miami Wills Attorney
What a Will Lets You Control in Florida
A last will and testament is the foundation of every estate plan — and the simplest way to make sure that you, not a Florida court, decide what happens to your home, your savings, and your children. Yet most Miami families keep putting it off. At Alfredo J. Rubio Law, PLLC, we make it simple: clear guidance, flat-fee pricing, and documents prepared in English or Spanish.
A properly drafted Florida will puts you in charge of the decisions that matter most:
- Who inherits your assets — you decide who receives your home, accounts, and belongings, instead of leaving it to Florida’s default formula.
- Who raises your children — you name a guardian for your minor children, one of the most important reasons to have a will.
- Who manages your estate — you appoint your Personal Representative (Florida’s term for an executor) to carry out your wishes.
- Specific gifts — you can leave particular items or amounts to the people and causes you care about.
What Happens If You Die Without a Will in Florida
If you die without a valid will, you die “intestate,” and Florida’s intestacy laws (Chapter 732, Florida Statutes) decide who inherits — in a rigid order set by the state. Your spouse and children share your estate by formula; if you have children from a prior relationship, your spouse’s share shrinks. Unmarried partners, stepchildren you never adopted, and close friends receive nothing. And a judge — not you — decides who administers your estate and who raises your minor children. A will replaces that default with your own choices.
What Makes a Will Valid in Florida
Florida law has strict requirements, and a will that ignores them can be thrown out:
- Age & capacity — you must be at least 18 and of sound mind (§ 732.501).
- Signature — you must sign at the end of the will, or direct someone to sign for you in your presence (§ 732.502).
- Two witnesses — two competent witnesses must sign in your presence and in the presence of each other (§ 732.502).
- Self-proving affidavit — a notarized affidavit (§ 732.503) that lets your will be admitted to probate without tracking down your witnesses years later. We include this as standard.
Florida does not recognize handwritten (holographic) wills that aren’t properly witnessed, or oral wills. Downloading a form and signing it incorrectly is one of the most common — and costly — mistakes we see.
Will vs. Living Trust — Which Do You Need?
A will is essential, but it does not avoid probate — after you pass, your will is administered through the Florida probate court. A revocable living trust can keep your estate private and out of probate. Many Miami families benefit from both. We’ll help you understand which combination fits your situation. Learn more on our Living Trusts and Estate Planning pages.
Wills for Miami's International & Immigrant Families
Miami families are global. If you own property abroad, have heirs in another country, or your family includes mixed immigration statuses, an off-the-shelf will can create real problems. We help you coordinate U.S. and foreign assets, plan for non-citizen spouses and beneficiaries, and make sure your Florida will works with — not against — the rest of your estate. And we do it in English or Spanish, so nothing gets lost in translation. Learn more about our estate planning for immigrants and non-citizens.
Our Simple, Flat-Fee Process
- Free consultation — we learn about your family and goals. No jargon, no pressure.
- Custom drafting — we prepare your will and any supporting documents for a transparent flat fee, quoted upfront.
- Signing & safekeeping — we oversee proper execution under Florida law so your will is valid the moment you sign.
Why Miami Families Choose Alfredo J. Rubio Law
You could download a form online — but your family’s security is worth more than a template. Miami families choose our firm because we combine genuine legal care with real convenience:
- Fully bilingual — we prepare and explain every document in English or Spanish, so you understand exactly what you’re signing.
- Transparent flat fees — you know your full cost before we begin. No hourly surprises.
- Local and personal — Attorney Rubio works with you directly, not a call center, and understands the needs of Miami’s diverse, international families.
- Done right — we handle proper signing and witnessing under Florida law so your will holds up when your family needs it most.
Frequently Asked Questions About Wills in Florida
We charge a transparent flat fee — no hourly surprises. The exact fee depends on whether you need a simple will or a fuller plan with supporting documents; we quote it during your free consultation, before any work begins.
You can legally write your own will, but Florida's signing and witnessing rules are strict, and small mistakes routinely invalidate DIY and online wills — often discovered only after death, when it's too late to fix. An attorney-drafted will protects your family from that risk for a modest, predictable cost.
Yes. We're fully bilingual and prepare and explain your will in Spanish or English, so you understand every provision you sign. Podemos preparar y explicarle su testamento en español.
No — a will is administered through Florida probate. If avoiding probate is a priority, we may recommend pairing your will with a revocable living trust. We'll explain the options in plain language.
Usually yes, but Florida protects a surviving spouse through the elective share (§ 732.2065) and homestead rules, so a spouse can't be fully disinherited. We'll structure your wishes so they hold up.
It's Florida's term for the person who administers your estate (an "executor" elsewhere). Your will names this person, and Florida law limits who can serve (§ 733.302–304), so we'll help you choose someone eligible and trustworthy.
Schedule Your Free Consultation Today
Your will is the single most important document your family will rely on. Don’t leave it to a Florida court — or to a form you’re not sure is valid. Attorney Alfredo J. Rubio will prepare your will properly, in plain language, for a transparent flat fee.
Call 1-844-PODEMOS (1-844-763-3667) or request your free consultation today — in English or Spanish.
