A will is described as an instrument in which a person makes a disposition of his real and personal property to take effect upon his death and which, by its own nature, is ambulatory and revocable during his lifetime [In re Brown’s Estate].
A will is also the legal expression or declaration of a person’s mind or wishes as to the disposition of his property to be performed or take effect after his death [Howard’s Ex’r v Dempster].
A will requires a maker or testator, who must be at least 18 years of age and of sound mind at the time of the signing of the will. A will must be in written form and signed, witness and notarized as provided for under Florida Law, and must ultimately be found valid and allowed by the court of probate.
In a will, the maker names his or her personal representative or executor (or executrix), which is assigned the duty to fulfill or “execute” the intent of the maker or testator.
If there is no will, then any property of the deceased will be distributed according to the intestate statutes, in which distributions are made according to the classification of the remaining family members of the deceased, with the spouse generally granted the highest classification.