Florida Last Will and Testament Template

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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.

Table of Contents

Laws

Definition§ 731.201 – “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.

Signing Requirements (§ 732.502) – Two (2) Witnesses must be present when the testator signs the will. Both witnesses must sign as well.

StatutesChapter 732 (Probate Code: Intestate Succession and Wills)

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.

(Video) How to Make a Will in Florida

How to Write

Step 1 – Provide the Testator’s Name at the top of the document followed by:

  • Name of Testator
  • City of testator’s Residence
  • County of testator’s Residence
  • Testator must read the remainder of the information
  • Review “Expenses and Taxes”

Step 2 – Appointment of Executor –

  • Enter the name of the selected executor
  • City
  • County
  • State

Alternate Executor –establish an alternate executor if for any reason the initial executor is unable to provide services

  • Provide the name of the alternate executor
  • Name of executor’s city
  • County
  • State

Step 3 – Disposition of Property to Named Beneficiaries –

Beneficiary Information:

  • Full name
  • Current address
  • Relationship to testator
  • Enter the last four digits of beneficiary SSN
  • Enter the property being bequeathed per beneficiary

The Testator must read the remaining information pertaining to how the testator’s property is distributed in the event a member of their group of beneficiaries pre-decease the testator.

Step 4 – Testator should review the remaining titled sections:

  • Omission
  • Bond
  • Discretionary Powers of Personal Representative A through K
  • Contesting Beneficiary
  • Guardian Ad Litem  Not Required
  • Gender
  • Assignment
  • Governing Law
  • Binding Arrangement

Step 5 – Signatures/Witnesses – All parties must be present. Enter the following :

  • Enter the testator’s name
  • Date of testator’s signature in dd/mm/yyyy format
  • Testator Signature
  • Testator’s printed name

Witnesses – Must read the brief statement –

  • Date the document in dd/mm/yyyy format
  • Enter the name of the testator

Witness 1 – 

  • Witness Signature
  • Current Address

Witness 2 –

  • Witness Signature
  • Current Address

Step 6 – Testament Affidavit – All parties must carefully review the affidavit and complete the following:

  • State
  • County
  • Name of testator
  • Name of Witness 1
  • Name of Witness 2
  • AND
  • Testator’s Signature
  • Witness Signature
  • Witness Signature

Step 7 (Optional) – Notarization – When the notary public has witnessed all signatures they will complete the remainder of the document and authenticate by affixing the state seal.

Related Forms

 

Advance Directive

Download: Adobe PDF

 

 


Durable (Financial) Power of Attorney

Download: Adobe PDF