Florida Last Will and Testament Form

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Florida Last Will and Testament: What Is It?

In Florida, a Last Will and Testament is a document used to distribute a person’s assets, real property, and other belongings to the beneficiaries of their choice. This document allows a person, known as a Testator, to choose who gets their belongings once they pass away. In Florida, this document must be signed by two witnesses in the presence of the Testator. In addition, the document must be notarized by a state Notary Public.


Florida’s Signing Laws Regarding a Last Will and Testament

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 Grantor present.


How to Write a Last Will and Testament in Florida

Step 1 - To create your Living Will, open the form provided by FormSwift, and enter your name as well as your gender.


Step 2 - Provide the city and county where this document will be valid.


Step 3 - Provide your marital status (single, married, widowed, engaged, separated etc.) :

Also, be sure to enter the name of your spouse (unless you are single).


Step 4 - Specify if you have any life insurance, children or pets. If so, specify the details.

  • Life Insurance - Policy number, company name, contact information
  • Pets - Pet name, details, species, etc.
  • Children - Deceased or living, name, age

Step 5 - Specify what you’d like to leave your children. This includes property or percentage of total assets.


Step 6 - Declare whether or not you’d like to set up a trust for someone who is disabled or requires special care. This can be common for people who have elderly parents or handicapped children/relatives. Setting up a trust for someone who may be disabled or mentally can prevent issues with their ability to receive Supplemental Security Income, Medicaid, and other eligibility -based benefits.


Step 7 - State the age that your children will be when they will start receiving benefits, as well as the age they will be when the benefits end.


Step 8 - Provide the details to the funeral home you’d like your funeral service to be held at.


Step 9 - If you have any specifications for the meal after the funeral service, provide the details here (i.e: “Meal is to be at my local church”. Or “I’d like my casserole to be served”.)


Step 10 - Naming an Executor - The Executor is the one charged with administering your estate once you pass away. Naming an Executor is important. If you neglect to name one, the court may appoint one for you. Appoint our Executor by providing their following details:


  • Executioner name
  • Relationship to you

Many Trustators will appoint an alternate Executor in the event that their first choice is unable to execute their Will for whatever reason. If you wish to appoint an alternate Executor, provide their name and relationship to you as well.


Lastly, there may be someone in your life who you do not want to execute your Will under any circumstances, provide their name and relationship to you.


Step 11 - Appointing a Trustee - If your assets have already been set up in a trust, appoint a Trustee who will be responsible for distributing your assets out of the trust. Provide:


  • Name of Trustee
  • Relationship to you

Step 12 - Digital Executor - If you have digital assets, such as digital currency, valuable copyrights, etc., you’ll need someone to execute your digital assets as well. You may appoint your Digital Executor by providing the following details:

  • Name of Digital Executor
  • Relationship to you

Step 13 - Guardian for Your Minor Children - if you have minor children and you’d like to appoint a guardian over them, provide the following details below:

  • Name of Guardian
  • Relationship to you

  • Name of Alternate Guardian
  • Relationship to you


Step 14 - Appointing Additional Beneficiaries - If there are other people who you’d like to leave an inheritance to, provide their information as well:

  • Name of person
  • Relationship to you
  • Inheritance/percentage

Step 15 - Disinheritance - If there is someone that you’ve previously inherited and you wish to disinherit them, provide their information here:

  • Name
  • Relationship to you

Step 16 - Witnesses - Provide the following information for each witness:

  • Name
  • Address
  • Including city, state, zip code
  • Telephone number

Remember that in order for this document to be legal, it must be signed by you, your two witnesses, as well as your state-certified Notary Public.


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