A will is a writing where the decedent identifies the person(s) or entity(ies) that they desire to have their probate assets upon their death. The writing must be signed by the person drafting the will (testator) and two witnesses in accordance with the requirements under Florida law. If a person dies without a valid will or if a provision under a will fails, the state of Florida has written a will for them and the probate assets will pass to the heirs in accordance with Florida law. This may be contrary to the desires of the decedent so it is important that individuals take the time to prepare a will. Will preparation can be difficult emotionally because of its association with death. Spencer Law Group prides itself on being patient and thorough with our clients during what can be a challenging time.