Estero Wills Lawyer

If something happened to you, who would make decisions, and who would receive what? It is a question many Estero families eventually face. Without a will that puts your answer in writing, Florida law and the probate court step in, and the result may not reflect what you would have chosen for your spouse, your children, or the home you built.

James R. Nici of Nici Law Firm is an Estero wills lawyer who is board certified in Wills, Trusts & Estates by The Florida Bar, one of fewer than 250 attorneys in Florida with that certification.

He built his practice around the Strategic Estate Planning System®, a structured way of working toward wills that say what a client wants and hold up in a Florida courthouse. Reach out to start that conversation about your will.

Wills and Estate Planning Documents We Draft for Estero Families

A will is rarely the only document a family needs. Depending on your situation, your plan can include:

• A last will and testament naming guardians for minor children and an executor you trust
• A pour-over will that works alongside a revocable living trust
• A durable power of attorney for financial decisions
• A designation of health care surrogate and a living will
• Codicils that update an existing will after a marriage, divorce, or birth
• Beneficiary coordination across bank accounts, retirement plans, and real estate

Florida law requires a will to be signed at the end by the person making it. That signing must happen in front of two witnesses who then sign in each other’s presence too, a rule set out in Florida Statutes Section 732.502. Skip any part of that signing rule and the entire document can be thrown out, no matter how clearly it states your wishes.

What Florida Law Says Happens If You Die Without a Will

If you die without a valid will, Florida does not leave your property to whoever you would have picked. Instead, state law splits assets between a surviving spouse, children, parents, or more distant relatives in a fixed order. The spouse takes the share set out in Florida Statutes Section 732.102, and the other heirs take theirs under Section 732.103. That order has no room for a stepchild you raised, a close friend, a charity, or a partner you never married.

It also hands the court, not you, the job of picking who administers your estate. For a Lee County resident with a home, a boat, or retirement accounts, that can mean a longer, more public probate process than a signed will would require. This reflects Florida law as of October 2026.

How James Nici Builds Your Will as an Estero Wills Attorney

James R. Nici was admitted to The Florida Bar in 1994, holds an LL.M. in Taxation, and has been named to Super Lawyers every year from 2009 to 2026. He is a Florida Bar Board Certified Specialist in Wills, Trusts & Estates, one of fewer than 250 attorneys in Florida with that certification.

James also applies the 3 Ds of Beneficiary Protection, which address three risks to an inheritance: damages, divorce, and disability.

James writes wills for clients in Estero and the rest of Southwest Florida.

What Estero Clients Say About Working With Us

Clients who have worked with James Nici describe the experience in their own words.

Frequently Asked Questions

Do I need an attorney to write a will in Florida?

Florida does not legally require an attorney to write your will, but the signing rule is strict and easy to get wrong without guidance. A single missing witness signature can void the whole document, which is why many families work with an attorney to get it right the first time.

How much does it cost to meet with an Estero wills attorney?

For a will, the first consultation is free and lasts 30 minutes, and it’s a chance to talk through your family situation, your goals, and which documents may make sense before any work begins.

Can I write my own will by hand in Florida?

A handwritten will can only become valid if it still meets Florida’s signing rule described above, with two witnesses watching you sign and then signing in front of each other. A will that is entirely in your own handwriting but missing proper witnesses does not count as valid under Florida law.

How soon must a will be filed with the court in Lee County after someone dies?

Florida law requires whoever holds the original will to deposit it with the clerk of court within 10 days of learning about the death, even before any probate case opens. In Lee County, that filing goes to the Clerk of Court’s probate division at the courthouse in Fort Myers.

What is a self-proving affidavit, and do I need one?

A self-proving affidavit is a short notarized statement signed by you and your witnesses at the same time as your will. It lets the court accept the will without tracking down your witnesses later, which can save time and cost during probate.

If I move to Estero from another state, is my old will still valid?

An out-of-state will is usually still valid in Florida if it was properly signed under the laws of the state where you made it. Many longtime Florida residents still update their documents after a move, since other planning tools, like a durable power of attorney, often need to match Florida-specific language to work smoothly here.

What happens to a jointly owned home or bank account when I die?

Property held jointly with rights of survivorship, or with a named beneficiary, typically passes directly to the co-owner or beneficiary outside of your will. A complete plan accounts for which assets your will actually controls and which ones pass by some other method entirely. Questions about your specific family or property situation often need a direct conversation, and reaching out is a good way to get clear answers.

Estate Planning Designed Around Your Life

Schedule a Planning Session

Start Your Estero Will With a Free Consultation

Request your free 30-minute consultation with a Florida Bar Board Certified Specialist in Wills, Trusts & Estates serving Estero and Southwest Florida, and our team will reach out to schedule it.