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Florida Last Will and Testament Guide

Planning for the future is an act of love and responsibility. A last will and testament ensures your Florida property goes to the people you choose, and it can spare your family from confusion and conflict. Whether you're just starting your estate plan or updating an existing will, this guide walks you through Florida's rules and how to get it done right.

Last Will And Testament requirements in Florida

  • You must be at least 18 years old and of sound mind.
  • The will must be in writing (typed or printed).
  • You must sign the will in the presence of at least two witnesses.
  • Witnesses must be at least 18 years old and must also sign the will.
  • The will must name a personal representative (executor) to manage your estate.
  • For property you own jointly with rights of survivorship, that property passes outside the will.

How to create a Last Will And Testament in Florida

  1. List your assets (real estate, bank accounts, investments) and choose your beneficiaries.
  2. Decide who will be your personal representative and backup representative.
  3. Draft your will using a trusted template or with an attorney's help.
  4. Sign your will in the presence of two witnesses; they must also sign.
  5. While not required by law, having your will notarized (a 'self-proving affidavit') will make probate easier.
  6. Store your will safely and tell your executor where it is.

What a Last Will And Testament typically costs

The cost to create a last will and testament in Florida varies. Using an online will template can be as low as $0–$100, while hiring a Florida estate attorney may cost between $300 and $1,500 depending on complexity. The fee for a notary is typically small, often around $10–$15.

Prepare your Florida last will and testament today with our easy-to-use template.

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Florida Will Prep: Key Checklist

Before drafting your Florida will, gather essential items and understand state rules to avoid common pitfalls and ensure validity.

  • Confirm you are at least 18 and of sound mind—Florida law requires this to make a valid will.
  • List your assets (property, bank accounts, investments) and decide who should inherit each—this helps avoid ambiguity.
  • Choose a personal representative (executor) and at least one alternate; Florida requires court appointment, so pick someone reliable.
  • Remember Florida requires the will be signed in the presence of two witnesses; they must sign in your presence and in each other's presence.
  • For real estate in Florida, consider a self-proving affidavit (notarized) to simplify probate—though not required, it speeds up the process.
  • Keep your will in a safe place (like a fireproof safe or with your attorney) and tell your executor where it is; filing with the court is only after death.

Frequently asked questions

What is the difference between a last will and a living will?

A last will and testament deals with your property and assets after you pass away. A living will, on the other hand, is a document that states your wishes for medical treatment if you become unable to communicate, such as whether you want life-prolonging measures.

What happens if I die without a will in Florida?

If you die without a will, Florida's intestacy laws decide who inherits your assets. Typically, this goes to your spouse and children, but distant relatives could inherit if you have no immediate family. Dying without a will also means the court decides who manages your estate.

Can I write my own will in Florida?

Yes, you can write your own will in Florida as long as it meets the legal requirements: written, signed by you, and signed by two witnesses. However, it's wise to consult an attorney or use a reputable template to avoid errors that could lead to disputes or invalidation.

Do I need a notary for my Florida will?

Florida does not require your will to be notarized for it to be valid. However, adding a notarized self-proving affidavit can simplify probate by allowing witnesses to be 'pre-verified' so they don't have to testify in court.

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