Guide · Estate Planning
Online wills vs a
Florida estate attorney.
What DIY will services do well, where they fall short under Florida law, and how to decide which one you actually need.
Short answer
Online will services like LegalZoom, Trust & Will, and Rocket Lawyer can produce a valid Florida will if you execute it exactly right, and they are a reasonable fit for very simple estates. They are not law firms, they give no legal advice, they do not fund trusts, and their templates often miss Florida-specific rules on homestead, the spousal elective share, and signing formalities. If you own a Florida home or have a blended family, an attorney-drafted plan is usually worth the difference.
DIY will sites are everywhere, and the price is tempting. The honest answer to “can I just use LegalZoom?” is: sometimes, yes. The document they generate is usually a fine starting template. The risk in Florida is not the paper, it is everything the paper does not do, and the advice that does not come with it.
Here is a fair comparison, including where an online will is perfectly reasonable and where it tends to fail Florida families.
At a glance
- Online will
- $0–$200
- Attorney will package
- $1,500–$2,200
- Attorney trust package
- $3,500–$4,500
- Legal advice with DIY
- None
- Florida will execution
- 2 witnesses + notary
- Most common DIY failure
- Unfunded or misexecuted
DIY template, no advice
flat fee, advice included
designed to avoid probate
not a law firm
§ 732.502, self-proving affidavit
found later, in probate
| Feature | Online will service | Florida estate attorney |
|---|---|---|
| Upfront cost | Free to about $200 | Flat fee, roughly $1,500 to $4,500 (will vs trust) |
| Legal advice | None. They state plainly that they are not a law firm and cannot give legal advice. | Included. Advice on what your situation actually needs. |
| Florida homestead | Generic templates rarely address the constitutional limits on leaving a homestead. | Built around Florida homestead rules so the home passes the way you intend. |
| Spousal elective share | Not accounted for. The plan can be quietly overridden by a spouse’s 30 percent right. | Planned for, including a valid waiver where appropriate. |
| Trust funding | Not done for you. An unfunded trust does not avoid probate. | We retitle assets into the trust, the step that makes it work. |
| Signing and witnessing | Instructions only. A signing mistake can void the entire will. | Supervised signing with witnesses and a notary, done correctly. |
| Updates and review | You are on your own to keep it current. | We review after marriage, divorce, a new child, or a big asset change. |
| Who stands behind it | No one. Errors are discovered after death. | A licensed Florida attorney, accountable for the work. |
An online will can work
DIY may be fine if:
- You are single with no children and modest assets
- You own no real estate in Florida
- You understand you are getting a document, not advice
- You need something basic in place today as a stopgap
Talk to an attorney
An attorney is worth it if:
- You own a home or condo in Florida
- You have a blended family or children from a prior relationship
- You have minor children who need a guardian named
- You actually want to avoid probate, not just have a will
- You want the plan to hold up if someone challenges it
Are LegalZoom and Trust & Will valid in Florida?
The documents can be valid, but validity is not the real question. Florida requires a will to be signed at the end by the testator in the presence of two witnesses, who must then sign in front of the testator and each other (Florida Statutes § 732.502). A self-proving affidavit, which spares your witnesses a trip to court later, also needs a notary. Online services hand you instructions for this, but if the signing is done wrong, the will can fail entirely, and no one finds out until probate.
Where online wills tend to fall short in Florida
No legal advice. A form cannot tell you that a trust would serve you better than a will, or that your beneficiary designations already override the document you just signed. That judgment is the part you are actually paying an attorney for.
Homestead. Florida’s constitution restricts how you can leave your homestead if you have a spouse or minor child. A generic will that ignores this can be overridden, and the home can pass in a way you never intended.
The spousal elective share. A surviving spouse can claim 30 percent of the elective estate regardless of what the will says. Planning around it, or waiving it properly, is not something a template handles.
Trust funding. If you buy trust documents online, you still have to retitle your house and accounts into the trust yourself. An unfunded trust does not avoid probate. Skipping this step is the single most common DIY mistake we see, and it undoes the entire reason for the trust. Our trust vs will guide explains how funding works.
Some online services now offer paid attorney add-ons. If you use one, confirm that a Florida-licensed attorney actually reviews your documents and your signing, not just a general help line.
The bottom line
For a genuinely simple situation, an online will is better than nothing. For most Florida homeowners and families, the few hundred dollars you save up front is small next to what a flawed or unfunded plan costs the people you leave behind. The Kogan Firm handles most estate plans on a flat fee, so the cost is known in advance and the advice is part of the deal.
Common questions
Is a LegalZoom will valid in Florida?
It can be, if you execute it exactly as Florida law requires: signed at the end in the presence of two witnesses who also sign in your presence and in each other’s presence. The template document is usually fine. Most problems come from signing it incorrectly, or from a generic form that does not fit your situation.
Do online wills avoid probate in Florida?
No. A will, whether from an online service or an attorney, still goes through probate. Avoiding probate takes a funded revocable living trust or other planning, which DIY services do not set up for you.
What is the catch with cheap online wills?
They give you a document, not legal advice, and they do not handle Florida-specific issues like homestead, the spousal elective share, or funding a trust. Mistakes usually surface after death, when they are expensive for the family to fix.
Can online services fund my trust?
No. They produce trust documents but do not retitle your home and accounts into the trust. An unfunded trust does not avoid probate, which is the most common DIY mistake we see.
Is an attorney-drafted will worth the cost in Florida?
For anyone who owns a Florida home, has a blended family, or has minor children, usually yes. The Kogan Firm handles most estate plans on a flat fee, so you know the total cost up front and the legal advice is included.
Paul Kogan
Fort Lauderdale Litigation Attorney, The Kogan Firm, P.A.
- 17+ years
- Florida Bar
- Martindale Peer Rated
Estate Planning, Done Right
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This comparison is general information about Florida law as of June 16, 2026 and does not constitute legal advice. Online services change their offerings often, so confirm the current details before relying on them. Brand names are the property of their respective owners.