Florida Wills for Business Owners

For a Palm Beach business owner, a will is the document that tells a Florida court who inherits your ownership stake, who serves as your personal representative, and how your enterprise should be treated when you are gone. A generic will that lists a house and a bank account misses the asset that often matters most: the company. We draft Florida wills specifically for owners, so your equity, your operating agreement, and your succession wishes line up instead of contradicting each other.

Florida Execution Requirements

Under Florida Statutes Section 732.502, a valid will must be signed by the testator at the end of the document, in the presence of two attesting witnesses, who must sign in the presence of the testator and of each other. Florida recognizes electronic wills and remote witnessing under specific conditions, but the formalities are strict. A will that fails these requirements is void, which is a catastrophic way to learn the rules. We supervise execution and prepare a self-proving affidavit so your will is admitted to probate without hunting down witnesses years later.

Devising a Business Interest

You cannot devise more authority than your governing documents allow. If your LLC operating agreement or shareholder agreement restricts transfers, your will must respect those terms or the gift may fail. We review your entity documents and align the will so your membership units or shares pass to the intended successor, whether that is a child active in the business, a co-owner, or a trust.

Choosing a Personal Representative

Florida law limits who can serve as personal representative. A nonresident generally must be a close relative or spouse to qualify. For owners, this matters because your representative may need to run or sell the business during administration. We help you name a qualified person and a backup, and we draft powers broad enough to operate or liquidate the company without repeated court trips.

Pour-Over Wills and Trust Coordination

Many owners pair a will with a revocable trust. A pour-over will captures any asset you forgot to retitle and directs it into the trust at death. This is a safety net, not a substitute for funding. We make sure the will and trust speak with one voice so a probate judge is not forced to reconcile conflicting instructions.

Homestead and Forced Heirship Limits

Florida’s homestead and elective share rules can override a will. You cannot freely devise your homestead if you have a surviving spouse or minor child, and your spouse retains the 30% elective share under Section 732.2065. We flag these constraints before they surprise your heirs.

Speak With a Florida Attorney

This information is educational and not legal advice. Will requirements and business transfer rules vary with your specific facts, and execution mistakes are usually irreversible. Consult a licensed Florida attorney before signing, and contact our Palm Beach office to prepare a will that protects your family and your company.