How Much Does It Cost to Make a Will in Florida?

How Much Does It Cost to Make a Will in Florida, Really?

I get some version of this question in nearly every first consultation: 'Arthur, just give me a number.' Fair enough. Here's the honest range, based on what Florida attorneys generally charge:

• Simple, single will: roughly $300 to $800
• Basic will packages (sometimes including a simple power of attorney or healthcare directive): roughly $500 to $1,500
• Comprehensive estate planning package (will, durable power of attorney, healthcare surrogate, living will): roughly $900 to $1,800
• Trust-based estate plan (revocable trust plus supporting documents): roughly $2,500 to $5,000 or more
• Complex estates (blended families, business interests, significant or out-of-state property): $5,000 to $10,000 or more

Online, template-based will services run cheaper, often $50 to $200. I'll talk about why that lower price tag doesn't always mean a lower total cost later in this article.

The reason there's a range at all, rather than one flat number, is that a will isn't a form you fill in. It's a legal document that has to satisfy specific Florida statutory requirements to be valid, and the complexity of your family and assets drives how much drafting and counseling actually goes into it.

What Actually Drives the Price of a Florida Will?

In my practice, I've found that clients feel much better about a quote once they understand what's behind it. A few things move the number up or down:

• Attorney hourly rates. Rates in Florida vary widely by location and experience, often somewhere between $150 an hour in smaller communities and $250 to $350 an hour or more for experienced estate planning attorneys in major metro areas.
• Flat fee vs. hourly billing. Most Florida estate planning attorneys, including our firm, quote a flat fee for wills and estate planning packages, so you know the cost upfront before any work begins.
• Family complexity. A single person leaving everything to one adult child is a simpler document than a blended family with children from prior marriages, minor beneficiaries, or a family member with special needs.
• Property and assets. Florida homestead property carries its own constitutional rules for how it can be devised (Art. X, § 4, Fla. Const., and F.S. § 732.4015), and out-of-state real estate or business ownership can add planning considerations.
• Geography. Attorney fees in South Florida and other major metro markets tend to run higher than in smaller Florida towns.

The bottom line: a young, single Floridian with modest assets and a straightforward wish list will pay toward the lower end of the range. Someone with a blended family, a homestead, and multiple beneficiaries will reasonably pay more, because there's more legal work to do it correctly.

Why Do Florida Wills Have to Be Done a Certain Way?

This is where I think the price question and the 'is this actually valid' question come together, and it's worth understanding both at once.

Under F.S. § 732.502, a valid Florida will requires that you be at least 18 (or otherwise legally qualified), of sound mind, and that you sign the will in the presence of two witnesses who also sign in your presence and in each other's presence. Florida is strict about this. A will that skips a step, uses the wrong witnessing procedure, or otherwise fails to meet these formalities can be challenged or thrown out in probate.

Florida law also builds in some helpful protections. F.S. § 732.507, for example, generally revokes provisions in a will that benefit a former spouse once a divorce is finalized, so an outdated will doesn't automatically leave everything to an ex. And Florida does recognize electronic wills, witnessed through audio-video technology by an online notary, under F.S. § 732.522, though this is a more technical process with its own requirements.

DIY Will vs. Attorney-Drafted Will: What's the Real Tradeoff?

Online will services exist because they're inexpensive and convenient, and I won't pretend otherwise. For a very simple situation, a template might technically get signed and witnessed correctly. But in my experience, the risk isn't usually in the price of the form. It's in what the form doesn't ask you.

• Does it account for Florida's homestead devise restrictions, which can override a will's instructions for your primary residence in certain circumstances?
• Does it name a personal representative who is actually qualified to serve in Florida (Florida has residency requirements for personal representatives who aren't close relatives)?
• Does it handle a blended family, a minor beneficiary, or a beneficiary with a disability the way you'd actually want?
• Was it witnessed exactly the way F.S. § 732.502 requires?

A template doesn't know to ask these questions. An attorney does. That's really the value you're paying for: not just a document, but someone reviewing your specific family and property and making sure the plan actually works the way you intend when it matters most.

Is a Will Enough, or Do I Need More?

A will only controls property that goes through probate. It doesn't avoid probate, it doesn't help if you become incapacitated, and it doesn't address healthcare decisions. That's why most comprehensive estate planning packages bundle a will together with:

• A durable power of attorney (F.S. Chapter 709), so someone can manage your finances if you can't
• A healthcare surrogate designation (F.S. § 765.202), naming who makes medical decisions for you
• A living will (F.S. § 765.301), stating your wishes about end-of-life care

For some Floridians, particularly those who want to avoid probate, own property in multiple states, or have more complex family situations, a revocable trust (governed by F.S. Chapter 736) may make more sense than a will alone. That's a bigger upfront cost, typically in the $2,500 to $5,000-plus range, but it serves a different purpose than a will, and whether it's worth it depends entirely on your goals and assets.

This article is for general informational purposes only and does not constitute legal advice, nor does reading it create an attorney-client relationship. Florida estate, elder, probate, and real estate law are fact-specific and change over time. Consult a licensed Florida attorney about your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida. Attorney advertising.