Updated August 10, 2023
A Florida last will and testament is a legal document that sets out how a testator (person who is making the will) wishes to distribute their personal and real property, fiduciary funds, as well as any other assets upon their death. This document shall allow the testator the ability to choose who inherits their property. Typically, a testator’s beneficiaries are spouses, children, friends, blood relatives, and even charitable organizations. Under Florida law, will documents require two (2) witnesses to be present at the time of execution and signing; both witnesses will also sign the will to affirm their testimony. Though optional, a testator can also have the document notarized to add an extra layer of legal protection. Wills may be amended or revoked at any time.
Guide to Making a Will – A beginner’s supplement provided by the University of Florida that gives an overview, along with a sample, on probate in the State.
Table of Contents |
Laws
Signing Requirements
Two (2) Witnesses must be present when the testator signs the will. Both witnesses must sign as well. (§ 732.502)
State Definition
“Will” means an instrument, including a codicil, executed by a person in the manner prescribed by this code, which disposes of the person’s property on or after his or her death and includes an instrument which merely appoints a personal representative or revokes or revises another will.
Related Forms
Download: PDF
Durable (Financial) Power of Attorney
Download: PDF, MS Word, OpenDocument