Free Florida Last Will and Testament Form

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.

Florida Last Will Laws and Requirements

Requirements State laws
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

How to Write a Florida Last Will and Testament

  1. Think about your options. Prior to beginning, you’ll want to decide if you’d like to use the services of a legal professional or prepare the entire thing on your own. In case you would like to make the will by yourself, pick the type you’ll go for: a handwritten (holographic) will or perhaps a free last will and testament form.
  2. Indicate your details. Add your full name and address (the city, county, and state of residence) to ascertain the testator of the last will and testament. Go through the remaining portion of the section, including the details you’ve entered and the “Expenses and Taxes” subsection.
  3. Establish the executor (or executrix). Now it is time to decide on the executor of your last will, the person liable for making sure all you lay out in this document comes true. To do that, you need to enter the executor’s full name, along with their residence details (city, county, and state). Be sure to choose a person who resides in the same state as you do. Otherwise, there’ll be a lot more red tape and unnecessary hassle connected with the procedure because of different special policies every state has in terms of out-of-state executors. As a precaution, it is possible to appoint a substitute executor of your last will and testament. That way, you will be able to be certain that even if the originally appointed executor is not able to carry out their obligations, there is a second dependable person you can rely on.
  4. Choose the guardian (optional). You are able to specify a trusted person as a guardian in case you’ve got minor or dependent children that must be taken care of. In case there are no directions pertaining to who exactly should take care of your children, the guardian will be appointed by the court.
  5. Specify your beneficiaries. At this point, indicate those people to whom you leave your estate, that is, your beneficiaries. Fill out their full names, places of residence, and your connection to them (e.g., spouse, child, friend).
  6. Designate possessions. Write down your assets and describe the way in which you wish to distribute them amongst your beneficiaries in case you’ve got something in mind apart from dividing the property commensurately. Cash, stocks, realty, business ownership, money for arrearage, as well as any physical items of financial value you possess can be brought up in the will. Please be aware that there are things that can’t be distributed in your will, for instance, joint and living will assets and life insurance.
  7. Continue with the witnesses signing the document. Florida laws specify that a minimum of two witnesses have to sign a last will so that it is considered valid. Only somebody who isn’t your beneficiary and is of 18 years or more can be chosen as a witness. Consider selecting witnesses younger than you to make sure that they will likely be present in the event the will is contested in court or if any other problem arises. After a careful revision of each passage in your will, all parties involved (you and the two witnesses) must write their full names and full addresses and sign the will.

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Frequently Asked Questions

What is the primary difference between 'Power of Attorney' and 'Executor'?


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:

  • Generic power of attorney – lets you appoint a proxy (agent) who will have the ability to take care of your monetary and legal matters on your behalf. But, this document will become annulled if the principal dies or becomes incapacitated.
  • Durable power of attorney – gives the same rights to the proxy as the prior type but will stay valid even if the individual on behalf of whom the agent acts becomes disabled.

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.

Do I have to attest my will in Florida for it to be valid?


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.

IMPORTANT: Even though notarization is not required for last wills in Florida, signing a will in front of a notary public helps facilitate the probate.

Should you go for an attested or holographic last will?


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.

What's testamentary capacity?


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.

Does a last will require a self-proving affidavit in Florida?


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.

Is child or spouse disinheritance allowed?


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.

According to Census.gov, in 2018, the Florida divorce rate was 8.0 per 1,000 women over 15 years old, which was similar to the US average national divorce rate in the same period.

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.

Is someone allowed to modify my 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.

In Florida, is it possible to change a typewritten will after signing 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:

  • Adoption or birth of a child
  • Marriage or divorce
  • You bought or sold real estate or large piece of property.
  • Noticeable changes in your financial situation

What will happen in case I have lost my last will?


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.

What does one have to do in case he or she can't physically sign the will?


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 Download Times when you may need to have one
Codicil DOCX, ODT, PDF You want to slightly change your last will without writing a new document from scratch.
Self-proving affidavit DOCX, ODT, PDF You wish the probate to be easier when it’s necessary.
Living will DOCX, ODT, PDF You want to be sure that, if you’re incapacitated, you are treated exactly how you’d like to.
Living trust DOCX, ODT, PDF You would like to skip probate by putting your assets in the possession of a trust.
Published: Sep 15, 2020