Ormond Beach Will Drafting Lawyer
One of the most persistent misconceptions about will drafting is that it is something you can handle later, once life settles down, once the kids are older, once retirement is around the corner. The reality is that a will is not a document for the elderly or the seriously ill. It is a legal declaration of your intentions, and without one, Florida law steps in to make decisions that may have nothing to do with what you actually wanted. At Bundza & Rodriguez, P.A., our Ormond Beach will drafting lawyer team helps individuals and families throughout Volusia County take control of those decisions before circumstances force someone else to make them.
The Biggest Myth About Wills: You Already Know Who Gets What
Many people assume that their assets will naturally pass to their spouse, their children, or whoever they have always intended to receive them. Florida’s intestate succession laws, which govern what happens when someone dies without a valid will, do follow a logical framework, but logic and personal intention are not always the same thing. Florida Statutes Chapter 732 sets out a rigid hierarchy of inheritance that does not account for estranged relatives, blended families, informal partnerships, or the specific wishes you may have held for decades.
Consider a common scenario along the coastal communities of Volusia County: a longtime Ormond Beach resident with adult children from a first marriage and a current spouse. Without a properly drafted will, the surviving spouse and children may share an estate in a way that neither party anticipated and that the deceased never intended. A will does not just state who receives property. It determines guardianship of minor children, designates a personal representative to administer the estate, and can include specific bequests for individuals who might otherwise receive nothing under state default rules.
The attorneys at Bundza & Rodriguez, P.A. have been serving Volusia County residents since 2007, and founders Corey Bundza and Michael Rodriguez are long-time members of this community. That local perspective matters when drafting estate documents that reflect the actual lives people live here, not generic templates that ignore family complexity, business ownership, or unique asset structures.
What a Valid Will Actually Requires Under Florida Law
Florida has specific execution requirements for a will to be legally valid, and failing to meet even one of them can render the entire document unenforceable. Under Florida Statutes Section 732.502, a will must be in writing, signed by the testator, and witnessed by two individuals who sign in the presence of the testator and each other. Florida does not recognize holographic wills, meaning handwritten wills that lack proper witnesses are not valid in this state. This is a critical distinction that catches many people off guard, particularly those who relocate to Florida from states where handwritten wills carry legal weight.
Beyond execution formalities, the testator must have testamentary capacity at the time the will is signed. This means being of sound mind and understanding the nature of the document, the extent of the property being distributed, and the natural objects of their bounty. Capacity challenges are one of the most common triggers for will contests after death. Drafting a will with an attorney creates a contemporaneous record that supports the testator’s capacity and voluntariness, which is a layer of protection that self-prepared documents simply cannot provide.
A will can also be designed to work in conjunction with other estate planning instruments. For many Ormond Beach residents, a will serves as what estate planning attorneys call a pour-over will, directing any assets not already held in a trust to flow into that trust at death. This coordination between a will and a revocable living trust is one of the most effective strategies for simplifying the administration of an estate while preserving privacy, since assets held in trust do not pass through the public probate process.
Why Ormond Beach Residents Should Think Beyond a Simple Will
A straightforward will distributes property. A comprehensive estate plan anticipates obstacles. For families with minor children, a will must name a guardian who will step in if both parents die before the children reach adulthood. Without this designation, a Florida court will make that determination without any input from the parents. Given the deeply personal nature of that decision, leaving it to judicial discretion is a risk few parents would knowingly accept.
Business owners in the Ormond Beach area face an added layer of complexity. A closely held business, a partnership interest, or a professional practice cannot simply be transferred through a will without considering buy-sell agreements, valuation issues, and the continuity of operations during probate. Our attorneys work with clients to structure their estate plans so that a business transition does not derail the enterprise or leave surviving partners and employees in legal limbo.
Special-needs planning is another area where a simple will falls short. Leaving assets directly to a beneficiary who receives government benefits such as Medicaid or Supplemental Security Income can inadvertently disqualify them from those programs. A supplemental needs trust, funded either during life or through the will itself, allows assets to support a loved one without triggering benefit eligibility issues. This type of planning requires precision, and the experienced estate planning attorneys at Bundza & Rodriguez, P.A. are committed to building strategies tailored to each client’s circumstances.
What Happens After the Will: Probate in Volusia County
Even a well-drafted will does not avoid probate entirely. In Florida, most estates must pass through the probate process administered through the Seventh Judicial Circuit Court, which serves Volusia County. The Volusia County Courthouse is located in DeLand, and the probate division oversees the validation of wills, appointment of personal representatives, and the supervised distribution of estate assets. Understanding how this process works before it becomes necessary allows families to plan in ways that minimize delays and court involvement.
Florida offers two simplified procedures for smaller estates. Summary administration is available when the total value of the estate subject to probate is $75,000 or less, or when the decedent has been dead for more than two years. Disposition without administration applies to very small estates where the only assets are personal property exempt under Florida law. For larger estates, formal administration is required, and the process can take anywhere from several months to over a year depending on the complexity of the estate and whether any disputes arise.
Our probate attorneys assist personal representatives from the filing of the initial petition through the final distribution of assets to heirs. When disputes emerge, whether over the validity of the will, the conduct of a personal representative, or the proper interpretation of estate documents, our firm is prepared to advocate for clients in contested probate proceedings. Having an attorney involved from the will drafting stage through the eventual probate of the estate creates continuity that benefits everyone involved.
The Cost of Waiting: What Delay Actually Does to an Estate Plan
Unlike many legal matters, will drafting rarely feels urgent. There is no deadline, no court date, no event that forces action. That is precisely why so many people wait. But delay in estate planning does not preserve options. It eliminates them. A sudden illness or accident can rob someone of testamentary capacity, making it legally impossible to execute a valid will at exactly the moment it is most needed. Florida courts have no mechanism for implementing what someone would have wanted after that capacity is lost.
Assets acquired after a will is drafted but not updated may fall outside its terms entirely. Marriages, divorces, the birth of children or grandchildren, and significant changes in wealth all affect the continuing effectiveness of an existing estate plan. Florida Statutes Section 732.507 addresses how divorce affects will provisions, but many other life events have no automatic legal remedy and require deliberate updates. A will that was perfectly suited to your situation five years ago may be inadequate today without any changes to the document itself.
At Bundza & Rodriguez, P.A., we schedule periodic reviews with estate planning clients to ensure their documents remain current. Our attorneys personally handle every aspect of your case, which means the person who drafted your original will understands your history and goals when changes are needed. That continuity is not something you find at every law firm, and it makes a real difference when life does not stay still.
Ormond Beach Will Drafting FAQs
Can I write my own will in Florida without an attorney?
Florida law does not require an attorney to draft a will, but it does require strict compliance with execution formalities. Florida does not recognize handwritten wills without witnesses, and any deviation from the statutory requirements can invalidate the document. Given that the consequences of an invalid will only become apparent after death, working with an experienced attorney is a sound investment in ensuring your intentions are legally enforceable.
How often should I update my will?
Major life events should trigger a review of your existing estate plan. These include marriage or divorce, the birth or adoption of children, the death of a beneficiary or named executor, significant changes in assets or debts, and relocation from another state. As a general practice, reviewing your will every three to five years even without major events helps ensure it continues to reflect your current wishes.
What is the difference between a will and a revocable living trust?
A will takes effect only at death and must pass through probate before assets can be distributed. A revocable living trust takes effect during your lifetime, allows you to manage assets while living, and transfers property to beneficiaries at death without probate court involvement. Many estate plans use both documents together, with a pour-over will capturing any assets not already transferred to the trust.
Does Florida recognize wills from other states?
Florida generally recognizes a will executed in another state if it was valid under the laws of that state at the time of execution. However, some provisions that are valid elsewhere may conflict with Florida law, particularly regarding spousal rights and homestead property. If you have recently moved to Florida, having your existing will reviewed by a Florida estate planning attorney is strongly recommended.
What happens to my will if I get divorced in Florida?
Under Florida Statutes Section 732.507, any provision in a will that benefits a former spouse is automatically revoked upon divorce. This applies to bequests and appointments such as naming an ex-spouse as personal representative. However, this revocation does not extend to other beneficiaries or resolve issues with jointly titled assets, retirement accounts, or life insurance policies that name the former spouse as beneficiary outside the will.
Can a will be challenged after someone dies?
Yes. Will contests in Florida can be based on claims of undue influence, lack of testamentary capacity, fraud, or improper execution. These challenges are filed in probate court and can significantly delay the distribution of an estate. Drafting a will with an attorney, maintaining documentation of the testator’s condition and decision-making at the time of signing, and structuring the estate to reduce the financial incentive for contests all help reduce this risk.
What is a personal representative and how is one chosen?
A personal representative, known in other states as an executor, is the individual or institution responsible for administering the estate during probate. In a will, the testator nominates their preferred personal representative, subject to the court’s approval. Florida law restricts who can serve as a personal representative, requiring that the individual be at least 18 years old, a Florida resident unless they are a close relative, and not a convicted felon. Selecting a capable and trusted personal representative is one of the most important decisions in the will drafting process.
Serving Throughout Ormond Beach and Surrounding Communities
Bundza & Rodriguez, P.A. serves clients throughout the greater Volusia County area, extending from Ormond Beach and Ormond-by-the-Sea south along the coast through Daytona Beach, Daytona Beach Shores, and South Daytona. Our reach extends inland as well, reaching families in areas like Port Orange, Holly Hill, and the communities along the U.S. 1 corridor. Whether you live near the riverfront sections of Ormond Beach, closer to Granada Boulevard, or further west near I-95, our attorneys are available to meet with you at our office, at your home, or wherever is most convenient. We also serve clients in the New Smyrna Beach area and communities throughout central Volusia County. Evening and weekend consultations are available, so distance and scheduling are not barriers to getting your estate plan in place.
Contact an Ormond Beach Will and Estate Planning Attorney Today
A will is the foundation of any estate plan, and having the right attorney draft it makes the difference between a document that protects your family and one that creates more problems than it solves. If you are ready to take a serious look at your estate planning goals, the experienced Ormond Beach will drafting attorney team at Bundza & Rodriguez, P.A. is prepared to help. Founded by Corey Bundza and Michael Rodriguez, our firm has been a trusted part of the Volusia County community since 2007. We offer free initial consultations and personally handle every case, so you always work with an attorney, not a legal assistant or case manager. Reach out to our team today and take the first step toward securing your family’s future on your own terms.
