Getting a Will Done Right in St. Petersburg, FL

May 28, 2026

Getting a Will Done Right in St. Petersburg, FL

Getting a will done right in St. Petersburg, FL means your family is protected and your wishes are legally honored when it matters most.

What Does a Will Actually Do for Your Family?

A will is a legal document that tells the court who should receive your property and who should carry out your wishes after you pass away. Without one, Florida law decides how your belongings are divided, and those decisions may not match what you would have chosen.

Your will can name a personal representative — sometimes called an executor — who handles the legal and financial steps after you die. That person pays any remaining debts, files the necessary paperwork, and distributes your assets to the people you've named.

If you have minor children, a will is also where you designate a guardian. That single decision can be one of the most important things a parent ever puts in writing. Without a named guardian, a judge makes that choice instead of you.

Many people assume a will is only for the wealthy, but that simply isn't true. If you own a car, a bank account, personal belongings, or even a small savings, a will ensures those items go where you intend. Our wills legal services can walk you through exactly what your document needs to cover.

What Happens If You Die Without a Will in Florida?

When someone dies without a will in Florida, the estate goes through a process called intestate succession, which follows a fixed legal formula rather than your personal wishes.

Under Florida law, your spouse and children are generally first in line to inherit. However, blended families, unmarried partners, and close friends receive nothing under the default rules no matter how important they were to you. That can create hurt feelings, family conflict, and drawn-out court proceedings at an already difficult time.

Florida also requires a formal probate process even when a will exists, but the process tends to be longer and more complicated without one. The court must appoint someone to manage the estate, and that person may not be who you would have chosen.

A properly drafted will gives your family a clear roadmap and can reduce the time and cost involved in settling your estate. That's a meaningful gift to leave behind.

Which Parts of a Will Are Required in Florida?

Florida has specific rules about what makes a will legally valid, and a document that doesn't meet those requirements may be rejected by the court entirely.

To be valid in Florida, your will must be signed by you in the presence of two witnesses, and those witnesses must sign in each other's presence as well. A notarized self-proving affidavit is optional but can speed up the probate process later.

Handwritten wills, sometimes called holographic wills, are not recognized as valid in Florida. This means a document you write yourself without witnesses may have no legal effect, even if your intentions are clear. Florida law also does not allow oral wills.

Working with an attorney ensures your will meets every requirement from the start. Small errors in execution can create large problems for your loved ones later.

How Does St. Petersburg's Snowbird Population Affect Estate Planning Timing?

St. Petersburg attracts a large number of seasonal residents — commonly called snowbirds — who spend part of the year in Florida and part of the year in another state. This residency pattern creates a specific estate planning challenge that full-time residents don't always face.

Florida has its own set of probate rules, and if you own property here but your will was drafted in another state, there may be a mismatch. Some wills drafted elsewhere are accepted in Florida, but others require additional steps to be honored. If you own real property in Florida, your estate may need to go through Florida probate regardless of where your will was written.

If you spend meaningful time each year in St. Petersburg — or if you've recently made Florida your primary residence — it's worth reviewing your existing estate documents with a Florida-licensed attorney. Our estate planning process accounts for multi-state situations and helps ensure your documents hold up no matter where the year takes you.

Having a current, Florida-compliant will removes a layer of uncertainty for your family at an already stressful time. Ristoff & Riley helps St. Petersburg residents create wills that are clear, legally sound, and tailored to their actual lives.

Schedule a conversation with our team today and take the first step toward protecting the people you care about most.

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November 25, 2019
Attorney Brendan R. Riley won a victory for a commercial client this week, when the Circuit Appellate Court reversed a decision of the County Court, and sent an eviction and final judgment back to the lower court for retrial. The opinion can be found here. The Case When an auto mechanic approached Mr. Riley for help with an eviction, it seemed like a doubtful case. There was both a residential and a commercial lease involved, and time was running out to file an answer on the case. Mr. Riley reviewed the documents, and his firm spotted a possible weakness in the plaintiff's case. Residential leases and commercial leases are governed by two separate sections of Chapter 83 of the Florida State Statutes, and although they are similar, the sections differ in one critical section. The residential section, 83.60(2), requires deposit of rent into the court registry before the hearing to determine rent. The commercial section, 83.232(1), does not. The plaintiff requested relief based upon applying the residential chapter and section to both leases; and the lower court agreed. A Writ of Possession was issued on both properties. The Appeal Mr. Riley appealed the case based on this improper application of the statute. In an appeal, the district court of appeal (or any court sitting in an appellate capacity) can only review the court record, and the lower court judge's written order. In civil proceedings (unlike criminal where there is always at least an audible recording that can later be transcribed) transcripts are only made if the parties hire their own court reporter, so there was no transcript for the appellate court to review in this case. The appellate court agreed with Mr. Riley's position that the lower court judge should not have accepted the plaintiff's argument applying section 83.60(2) to both the commercial and residential leases. The appellate court also agreed that because no order had been made determining the amount of rent due, when the Appellant had moved for a hearing, that this needed to be done as well. The appellate court determined this was a harmful error. A harmful error is one which resulted in a miscarriage of justice and must be reversed. To correct this error, the default and final judgment for the commercial property, and the order issuing the Writ of Possession on the commercial property, were reversed, and that portion of the case remanded to the lower court for rehearing. The appellate court considered the same facts for the residential property, and found the error to be harmless. This is an error which, although a misapplication of law, does not rise to the same level of harm to the defendant. Since the correct section of the Statutes were applied to the residential property, the appellate court did not feel there had been harmful error, and the judgment and Writ were allowed to stand. The Outcome Most cases never go to appeal. To determine if a case rises to the level of harmful error, an appellate court must presume the lower court's rulings are correct, and the burden is on the Appellant (the one who brings the appeal) to show how the ruling was incorrect and why it should be reversed. It does not take a big law firm with fancy degrees and prestigious names to win appeals. Persistence, careful review, and knowledge of the law are what is needed to determine if an appeal is needed, and if it is, how it should be done. Stewart & Riley has the persistence, the knowledge, and the review and research skills to take an appeal all the way. If you may have a commercial or residential landlord tenant matter in which you need legal assistance or an appeal of some kind (provided you come to us timely so that a notice of appeal can be timely filed), do not hesitate to contact us a 727-312-3748 or BRR@BetterCallBrendan.com.