It's Make-A-Will Month: What to Know About Wills in Florida
August is National Make-A-Will Month, an annual nudge to finally check "write a will" off the list. If you've been meaning to get to it, you're in good company, and this is a great time to start. Before you sit down to actually do it, it helps to know something most people don't: a "will" isn't one document. It's a category, and knowing the difference between the types can save your family real time and confusion later.
The Number That Should Get Your Attention
Will ownership in the U.S. dropped five points in a single year, from 31% in 2025 to just 26% in 2026, according to the Trust & Will 2026 Estate Planning Report. That's a meaningful shift. It means more families than ever are heading into the unknown without a plan, at a time when the need for one hasn't gone anywhere.
So why the drop? When people are asked why they haven't made a will or trust, the answers reveal a lot:
27% say they don't think they have enough assets to need one
23% say they just haven't gotten around to it
17% say they don't know where to start
15% say it feels too expensive
12% say it feels too complicated
12% say it feels uncomfortable to think about
11% say it doesn't feel relevant to people like them
8% say they don't want to have uncomfortable conversations with family
Look closely at that list and a pattern emerges. Almost every one of these is emotional or informational rather than legal. People are putting off a will because they don't know where to start, or because thinking about it doesn't feel good, and that's completely understandable. It's also a solvable problem, and it's exactly where Make-A-Will Month earns its purpose, as an invitation to take one small step forward.
"A Will" Actually Means a Few Different Documents
One reason people freeze at "I don't know where to start" is that the word "will" gets used as a catch-all for documents that do very different jobs. Here's the breakdown:
A Last Will and Testament is what most people picture. It lets you decide who receives your property and who cares for your minor children after you pass away. It only takes effect at death, and in Florida, it must go through probate, the court process that reviews and administers your estate.
A Living Will has nothing to do with property. It's a healthcare document. It lets you state your wishes about medical treatment if you become unable to speak for yourself, such as whether you want life support. A Living Will takes effect while you're alive but incapacitated, and becomes void the moment you pass away.
A Pour-Over Will is a supporting document rather than a standalone plan. It works alongside a trust, making sure any assets left outside the trust are transferred into it after death, so nothing gets left behind or forgotten because it was overlooked during your lifetime.
Each of these solves a different problem. A Last Will protects your property and your children. A Living Will protects your voice in a medical crisis. A Pour-Over Will protects the completeness of a trust-based plan. Most well-built estate plans use more than one of these together, along with documents like a Durable Power of Attorney and a Healthcare Surrogate designation, so every scenario is already accounted for.
What This Means for Florida Families Specifically
Florida has its own rules for what makes a will valid. You must be at least 18 and of sound mind. The will must be in writing. It must be signed in the presence of two witnesses who sign in the presence of both you and each other. Handwritten wills without witnesses, sometimes called holographic wills, are not recognized in Florida even if they'd be valid elsewhere. That detail is worth knowing if you moved here from another state, since your old documents, or a DIY will you wrote by hand, may not hold up in Florida.
Where to Actually Start
If "I don't know where to start" is where you are, start here, and know that it's okay to start small: figure out which piece of your situation feels most pressing right now. Who gets your property? Who speaks for you medically if you can't? Do you already have a trust that needs a Pour-Over Will to back it up? Answering those questions is the real starting point. Everything else is detail work an attorney can help you fill in.
Make-A-Will Month is really a reminder that "someday" and "I'll get to it" are the most common answers standing between families and peace of mind. The documents themselves aren't complicated once you know what each one does. The hardest part is usually just beginning, and you don't have to figure it out alone.
If you're ready to put a plan in place, or want to make sure the one you have actually covers what you think it does, Ambassador Law is here to help Florida families get this right.
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Disclaimer: This article is offered for general educational purposes and may not represent the most recent legal developments in your area. Nothing contained here constitutes legal advice, whether from Ambassador Law or any of its attorneys, and it is not meant to replace personalized counsel from a licensed professional. Because laws vary by location and circumstance, you should consult with an attorney licensed in your jurisdiction before making decisions or taking action based on anything discussed in this article.