St. Petersburg, Florida
Estate Planning Attorneys Serving St. Petersburg, Pinellas County
Wills, revocable trusts, advance directives, and Florida homestead planning. Built for your family, not a template. St. Petersburg families ask us for estate plans that protect homestead, avoid probate where possible, and update cleanly as life changes. Wills, revocable trusts, powers of attorney, and healthcare directives, drafted by Gwen Walkowiak.
How we approach estate planning matters in St. Petersburg
St. Petersburg is a 45 minute drive across Tampa Bay. Most of our weekly work is north of the bridge, but we handle St. Pete matters regularly. Personal injury, real estate, and civil litigation are the biggest areas for our St. Pete clients, especially clients who want a board certified real estate attorney without paying downtown St. Pete rates. We appear in Pinellas County court in Clearwater and St. Petersburg, and virtual consultation is always on the table for clients who would rather skip the drive. Twenty years of practice in Tampa Bay means we have the relationships. A small firm structure means every St. Pete client works directly with David or Gwen.
Pinellas County courts and local practice notes
Pinellas probate sits in Clearwater, and Pinellas homestead and elective-share rules are worth reviewing at the planning stage.
Directions from St. Petersburg: From downtown St. Petersburg, the fastest route to our Lutz office is I-275 north across the Howard Frankland Bridge to SR-54 east. Plan on 45 to 60 minutes depending on bridge and interstate traffic. From the Gateway area or the north side of St. Pete near Carillon, the drive is closer to 35 to 45 minutes. Virtual and phone consultations are always available.
About our estate planning practice
An estate plan is a set of instructions for the people you love about what you want done when you can’t speak for yourself, whether because of incapacity or because you are gone. Done well, an estate plan prevents a fight at the worst possible moment in your family’s life. Done poorly, or not at all, it is the source of that fight.
What a will actually does in Florida
A valid Florida will lets you:
- Distribute your property the way you want, including specific bequests to family, friends, or charity
- Name a guardian for minor children so a court does not choose for you
- Designate a personal representative (executor) you trust to manage the process
- Provide for pets through a pet trust or designated caregiver
- Make funeral and burial wishes known in writing
Without a will, Florida’s intestacy statute decides all of this for you. The result is rarely what the family would have chosen.
Valid wills in Florida
Florida has specific execution requirements. A will must be:
- In writing
- Signed by the person making it (the “testator”)
- Signed in the presence of two witnesses
- Signed by those witnesses in the presence of the testator and each other
Handwritten (holographic) wills and oral wills are not valid when drafted in Florida. A foreign-language will may be valid if accompanied by an English translation, but we still recommend review.
If you had a will drafted in another state, Florida will generally recognize it. But Florida’s homestead rules can override provisions you thought were settled, and we recommend that every new Florida resident have their existing will reviewed by a Florida attorney.
Beyond the will
A complete estate plan usually includes:
- A revocable living trust for probate avoidance and privacy
- A durable power of attorney so someone you trust can act on your behalf if you become incapacitated
- A health-care surrogate designation so someone you trust can make medical decisions
- A living will so providers know what life-prolonging care you want
- Updated beneficiary designations on retirement accounts, life insurance, and bank accounts. These pass outside your will and are often the source of conflict.
Gwen Walkowiak has built the firm’s estate planning practice around the questions a software checklist doesn’t ask. Who are the people in your life. What do they need. What do you want your last act to be on their behalf.
Common questions
Frequently asked about estate planning in St. Petersburg
How do St. Petersburg estate plans differ from anywhere else in Florida?
Florida statutes control the substance, so the core of a St. Petersburg estate plan is the same across the state. What differs is how the local probate court handles administration. We draft St. Petersburg estate plans with Pinellas County's probate practices in mind to keep administration simple if it is ever needed.
Can I write my own will in Florida?
Florida does not recognize handwritten (holographic) or oral wills drafted within the state. A Florida will must be in writing, signed by you, and witnessed by two people present at the signing. Self-drafted wills that don't meet these requirements are invalid.
What happens if I die without a will in Florida?
Your estate passes under Florida's intestacy statute, which distributes assets according to a fixed formula, not necessarily what you would have chosen. Guardianship for minor children may also be decided by a court rather than by you.
My will was drafted in another state. Is it still valid in Florida?
Generally, Florida recognizes a will that was valid in the state where it was executed, with some exceptions. We still recommend review, especially for Florida's unique homestead rules, which can override distributions you intended.
What is a living will, and do I need one?
A living will tells medical providers what life-prolonging treatment you do and don't want if you're terminally ill and can't speak for yourself. It's paired with a health-care surrogate designation so someone you trust can make other medical decisions. Both are inexpensive to prepare and spare your family from having to guess.
What makes Florida's homestead rules different?
Florida's constitution protects your primary residence from most creditors and restricts how you can devise it if you're survived by a spouse or minor child. These rules can override your will. Any estate plan built without Florida homestead in mind is incomplete.
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Schedule a free 30-minute initial consultation. We'll explain your estate planning options plainly and tell you whether we're the right firm.