You should know what you own before you give it away. Make a list of your assets, including:

• Bank accounts
• Real estate
• Personal property
• Retirement accounts
• Life insurance
• Other financial accounts

Some items, such as life insurance, will not go through probate unless they have a defect, but it is good to know your total assets.

When you review your list, decide what items will pass through your will. Remember that assets devised by your will must go through probate. You might want to consider using a trust for most of your assets. Trusts generally avoid probate, and they give you more control over how your assets are managed after your death.

In Florida, you create a written list that gives personal property to devisees. You can update the list occasionally without revising your will. If you want to use a list to devise personal property, your will must refer to a written list of personal property.

You can create the list before or after your will is executed. The list must clearly describe the items and who will receive them, and you must sign it. It cannot include money or real estate, but it is a good way to give family heirlooms and other sentimental items to loved ones.

You can give your money or property to friends, family, schools, or charities. When giving assets to schools or charities, contact their planned giving department to determine what kind of gifts they will accept and how you should refer to them in your will. When you create your will or list of tangible personal property, make sure you clearly state which devisee will receive specific property.

It is important to choose someone you trust to be your personal representative. Because they will be managing your assets, they should be responsible with money. Let your personal representative know that you are naming them and ask if they are willing to serve. You also should name one or two successor personal representatives who can act if your first choice is unable to serve.

Your personal representative will have many responsibilities, including:

• Identifying your probate assets
• Notifying your devisees and heirs about the probate process
• Notifying creditors
• Paying bills and taxes for your estate
• Distributing your assets to devisees per your will
• Hiring professionals, such as attorneys and accountants, to assist with probate if needed
• Closing your estate when probate is complete

If you have minor children, your will should name their guardian and one or two successor guardians in case your first choice is unable or unwilling to serve. In Florida, there are two types of guardians: the guardian of the person and the guardian of property.

The guardian of the person will have legal custody of your child and be in charge of raising them. The guardian of the person should be physically able to care for your child and willing to raise them.

When planning for your children’s financial future, you should consider a revocable living trust instead of leaving them money in your will. You can use a trust to name a trustee to manage your child’s assets until your child is an adult. A trust also gives you more control over how and when money is distributed to your child. Whether a guardian or a trustee manages your child’s money, you should choose someone responsible and trustworthy.

You must comply with Florida’s requirements for executing a will if you want your will to be valid. You must sign your will at the end of the document or direct another person in your presence to sign your name for you if you are physically unable to sign.

Two adult witnesses must be present when you sign your will, or you must tell them your signature is yours or that it was signed by someone else at your direction. The two witnesses must sign your will in your presence and each other’s presence.

Any adult can be a witness. Avoid using a beneficiary as a witness. If a witness inherits from you, other heirs or devisees might claim the witness had undue influence over you.

A notary public is not required, but you should have one present if you want to create a self-proving will. A self-proving will allows a probate court to accept your will without requiring your witnesses to appear in court to authenticate it.

To create a self-proving will, you must acknowledge your will before the notary public, and your witnesses must sign self-proving affidavits that are notarized by the notary public. An example of a self-proving affidavit is available in the Florida Statutes.

You only can make one original will. If your will is lost, a court might accept a copy, but there is no guarantee it will. You should keep your original will in a safe place. Some law firms store originals for clients. You also can keep it in a safe place in your home.

Tell your personal representative and family members you trust where your will is, so they can access it after you die. Avoid storing it in a safe deposit box. Banks have strict rules about who can access a safe deposit box, which could lead to delays and the need for a court to order the bank to open the safe deposit box.

You should review your will every three to five years to see if it still contains your wishes and meets your loved ones’ needs. It is also a good idea to review when you have an important life event, such as getting married or divorced or having a child. You can ask a Florida estate planning attorney to review your will when you complete it or if your family or financial situations have changed.