Make a Florida Last Will and Testament

Florida State Last Will and Testament Laws

Definition of a Will - §732.521

Laws - Chapter 732 (Probate Code: Intestate Succession and Wills)

Witnesses -  According to §732.502, the Will must be signed by two (2) witnesses with the Testator present.

A Sample Florida Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, enter your name, followed by your identified gender.

Step 2 - Provide your city and county of residence.

Step 3 - Specify your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you do not identify as single, provide the name of your spouse.

Step 4 -  If you have any children, pets, property, or life insurance, provide that information here.

Step 5 - Provide your children’s names, if they are living, and whether or not they will be named as beneficiaries in your will. In addition, list the names of pets, and information about any life insurance policies.

Step 6 - State the amount of money or percentage of the property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or physically disabled, specify that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent any interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - Provide the age that your children must be in order to start receiving benefits from their trust, as well as how much of the trust will be received. Finally, enter what age they will be when the benefits end.

Step 9 - If you know which funeral home you want to use, list that information here.

Step 10 - If you have specific foods you want served during the meal after the funeral, want the meal to take place at a certain location, or you have other burial arrangements, list that information here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate once you pass away. Your Executor can be a beneficiary in your Will or your attorney. However, it is important that you name an Executor. If one is not named, one will be appointed by the court. Provide the following information:

• Executor’s Name
• Relationship with Testator

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you pass away. If your assets are in a trust, provide the following information:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children and wish to appoint a guardian for them should something unfortunate happen to you while they are minors, provide the following information below (as well as consider naming an alternative guardian and/or conservator):

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone Number

Remember that in order for your will to be legally recognized, it must be signed by all parties, including both witnesses.

Why do you need a Florida last will and testament form?

According to Florida law, your last will and testament is a crucial step in estate planning and to ensure that your wishes are carried out upon death. Testators may include in their wills any disbursement of assets or guardianship of dependents. In Florida, testators can also include charity donations as part of their last will and testament.

The benefits of having a will

In Florida, a last will and testament is not legally required. However, without one, any assets and guardianship decisions will be made by the probate court.

• Having a will and testament is important so that you can appoint an executor (someone who will be responsible for carrying out your stated wishes).
• Any real estate, financial holdings, businesses, bank accounts, or other assets can be included and dispersed according to the testator’s wishes.
• Guardianship of any minors/dependents can also be included in a last will and testament.
• Florida wills can also include pet trusts and pet guardianship.
• Florida wills can also include long term asset management.

The costs of not having a will

When someone dies without a will, it is said that they die “intestate.” Florida’s intestacy laws state that if there are no surviving descendants, a surviving spouse will inherit any property. Surviving spouses will also inherit any homestead with some remainder being disbursed to descendants. Florida laws allow for spouses to claim an elective share of decedent's property. If there is no spouse and no descendants, a search may be performed to find other relatives to disburse the estate, but if none are found, the State of Florida will keep the property.