A will is a legally binding document that expresses the testator’s final wish in the form approved by law and ascertains the appropriate distribution of the will creator’s estate upon their demise. As a preventative measure, it is highly recommended to come up with a last will.
A thought-out and appropriately written last will and testament will be vital to your loved ones and your relations upon your death, even if you don’t possess a large number of assets.
Below, you can find a Florida last will and testament form for download and the information that should solve your slightest uncertainties in regard to estate planning, different types of will, and the ways to write a valid document.
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| Requirements | State laws | |
| Statutes | Chapter 732 – Probate Code: Intestate Succession and Wills; Part V – Wills | |
| Signing requirement | Two witnesses | 732.502 Execution of wills |
| Age of testator | 18 and older or an emancipated minor | 732.501 Who may make a will |
| Age of witnesses | 18 and older | 732.504 Who may witness |
| Self-proving wills | Allowed | 732.503 Self-proof of will |
| Handwritten wills | Might be accepted if witnessed according to state law | 732.502 Execution of wills |
| Oral wills | Not recognized | |
| Holographic wills | Not recognized | |
The main difference between the two documents is that once you depart this world, the agent you designate through power of attorney loses their legal authority to handle any matters for you. You can find different types of power of attorney, the two primary ones being:
An executor is a person you assign in the will to deal with your affairs after you pass on. Nonetheless, the two roles can be served by the same individual.
A last will and testament in Florida is valid without notarization. However, if you wish to attach a self-proving affidavit to the last will and testament, you’ll need to attest it. Making your will self-proving is usually a great option since it expedites the probate and gives yet another layer of certainty should the will’s credibility be doubted.
If you want to write a holographic last will, you’ll need to do it by hand and have it witnessed according to the state law. These last wills tend to be normally chosen in emergent situations and/or up to the point when more conventional documents could be created (either by a law firm or using a last will template like the one you can easily download from this site). It is not recommended to keep a holographic will as the last version since it might have unclear or contradictory terms, causing a considerable delay during the probate.
An attested will is generally typewritten because it’s commonly prepared by an attorney or is based upon a will template, like the one you may get from us. For it to be considered valid, it has to be signed by the testator and two credible witnesses older than 18 in the testator’s presence, which can also be exercised in the presence of a notary public. However, the latter isn’t needed in Florida.
The testator must meet testamentary capacity prerequisites in order to make and modify their will, including being of sound mind.
In most states, to make a will, you must be of sound mind and no less than 18 years of age. “Sound mind” means that you don’t have any kind of mental illnesses (dementia, senility, insanity, etc.) that doesn’t allow you to have an understanding of the aftermaths of your actions.
In line with Florida law, you do not have to add a self-proving affidavit to your last will. Nevertheless, it will serve you well to attach this document. In the course of probate, it’ll function as an alternative for the witness testimony in court and speed up the procedure.
If you want to disinherit your marriage partner, the law allows you to do it. Florida is not a community property state. Also known as marital property, it is a type of asset ownership provided by the laws that claims that 1/2 of all properties and assets (including arrears) of one spouse are owned by the other and remain such after divorce. In Florida, you can disinherit your spouse, but your marriage partner will be admitted to possessing a certain minimum of your assets.
As for the others, it is legal in Florida to disinherit members of the family in the last will. This applies to your adult children and any other members of the family; only include disinheritance sections to your last will and testament.
No, the last will is allowed to be changed only by the testator. A third party is only able to sign the will if you’re physically incapable of doing it.
Yes, you’re allowed to adjust it. As outlined by Florida law, you’re allowed to alter or cancel the last will and testament if you aren’t obligated by a lawful contract that says the opposite.
It’d also be a good idea to review your last will in the following situations:
In case the will has been lost or damaged, according to Florida law, the court can admit it. However, only the original of the last will and testament is likely to be recognized by the probate court.
Florida law allows for a supposition that the will’s absence means it is revoked. That puts the obligation on the advocate of the last will and testament to present proof of the mentioned last will.
Things may be far more problematic when considering a holographic will. In order to provide evidence of its validity, the court requires testimony and sword witnesses. The reason behind not providing the last will and its elements must be proven as well.
Florida Estate Code makes it possible for some other individual to sign your last will just per your directive and with you present. The person who wrote the will can state his or her wishes in a verbal manner, through giving a positive answer to a query, or by gestures.
A notary public can sign the testator’s name in case the testator isn’t able to do so due to a physical incapacity. The notary must be instructed to do so with a witness present. It is worth mentioning that such witnesses aren’t allowed to have an interest (equitable or legal) in any of the properties and assets being the concern or that can be impacted by such a document (the will).
| Related documents | Times when you may need to have one |
| Codicil | You want to slightly change your last will without writing a new document from scratch. |
| Self-proving affidavit | You wish the probate to be easier when it’s necessary. |
| Living will | You want to be sure that, if you’re incapacitated, you are treated exactly how you’d like to. |
| Living trust | You would like to skip probate by putting your assets in the possession of a trust. |
