What is the Florida Last Will and Testament?

The Florida Last Will and Testament Document is a legal document used by individuals (hereafter referred to as Testators) to declare who their beneficiaries will be at the time of their passing, and what property the testator will pass down to them.

Forms like the Last Will and Testament in Florida are very important, as they ensure that all of the testator’s properties are distributed properly amongst their indicated beneficiaries, avoiding any possible legal issues that may arise from having beneficiaries arguing over how to distribute the properties left behind by the testator. The FL Last Will and Testament is also used to declare a personal representative that will act on behalf of the testator and see that their properties are properly distributed and managed.

How to fill out the Florida Last Will and Testament?

The Florida Last Will and Testament PDF is a very simple form to fill out. Make sure to download the form in PDF before printing it to ensure that all information entered and the format of the form will remain intact even after being printed or otherwise submitted to the relevant person or entity.

Due to the nature of the Florida Last Will and Testament Form as a legal document, make sure to read each of the terms outlined below carefully before finalizing the form.

Name

Enter the full legal name of the testator.

General Information

Enter the full legal name of the testator and the city and county in Florida where they reside.

Expenses and Taxes

This section declares that the testator directs that their debts and expenses be paid as soon as possible after their passing and that they are giving their personal representative the authority to settle and discharge any claims made against their estate.

Personal Representative

Name of Nominee

Enter the full legal name of the person being appointed as the testator’s personal representative.

General Information

Enter the appointed representative’s city, country, and state of residence.

Secondary Nominee

Enter the name of the person who will be appointed as the testator’s personal representative should the initially nominated one be unavailable for any reason.

Secondary Nominee General Information

Enter the secondary nominee’s city, country, and state of residence.

Disposition of Property

This section declares how the property of the testator is to be distributed after their passing. You may use extra sheets of paper as needed for each beneficiary to properly and clearly detail which properties are being distributed to them.

Beneficiaries

Enter the following information for each beneficiary:

Full legal name of beneficiary
Current residential address
Relationship with testator
Last four digits of Social Security Number (SSN)

If any of the testator’s declared beneficiaries die before them, any property that they would have inherited had they not pre-deceased the testator will be distributed in equal shares among the remaining beneficiaries.

Should any property be difficult to sell or distribute, the personal representative may donate it to any charitable organization of their choice or as chosen by the testator beforehand. If such property cannot be sold or donated, it may be disposed of as directed by the testator or however the personal representative deems appropriate.

Omission

This section states that any omission from this will is intentional and not the result of an accident unless otherwise stated.

Bond

This section declares that no bond will be required of any fiduciary, whether named or unnamed in their will. In the event that a bond is required from the fiduciary by law, no surety will be required on such bond.

Discretion by Powers of Personal Representative

This section outlines the discretionary powers provided to the nominated personal representative in addition to any common law or statutory powers. These powers are as follows:

To retain, for any period that they deem advisable, any property, up to and including any property owned by the testator at their death, and to invest and reinvest in any real or personal property regardless of the extent of diversification of the assets held and whether or not any such investment would be proper for a personal representative.
To sell and to grant options to purchase all or any part of the estate at any time at public or private sale.
To lease any real estate for terms and conditions they deem advisable.
To pay, compromise, settle, or otherwise adjust any claims, including taxes, asserted in favor against the testator, the estate, or the representative.
To make any separation into shares in whole or in part in kind and at values as determined by the representative themselves.
To make any such elections under tax laws as their personal representative deems appropriate, including elections with respect to qualified terminable interest property.
To make any elections permitted under any pension, profit-sharing, employee stock ownership, or other benefit plans.
To employ others in connection with the administration of the testator’s estate, including legal counsel, investment advisors, brokers, accountants, and agents and to pay reasonable compensation in addition to the compensation due the representative.
To vote for any shares of stock or other securities in person or by proxy, and to assert or waive any stockholder’s rights or privilege to subscribe for or otherwise acquire additional stock.
To borrow and pledge any mortgage or any property as collateral and to make secured or unsecured loans. Specifically, the representative is authorized to make loans without interest to any beneficiary declared in the will, and no individual or entity loaning property to the personal representative or a trustee will be held to see the application of such property.
The personal representative will also be able to, in their absolute discretion, determine the allocation of any GST exemption available to the testator at their death, to any property under the will or otherwise.

Contesting Beneficiary

This section declares that should any beneficiary under this will or any other trust here contest or attack this will or any of its provisions, any shares they have and any interest in the testator’s estate given through them through this document will be revoked and disposed of as if the beneficiary had pre-deceased the testator.

Guardian Ad-Litem Not Required

This section declares that the representation by a guardian ad litem of the interests of persons unborn, unascertained, or legally incompetent to act in proceedings may be forgone to the extent permitted by law.

Gender

This section states that whenever the context permits, the term “personal representative” may also include both “executor” and “administrator”, and that the use of any particular gender will include any other gender. References to the singular or plural will be considered interchangeable.

Assignment

This section declares that the interest of any beneficiary in this document should be considered unalienable, unassignable, unattachable, and untransferable, nor can it be paid by way of anticipation nor in compliance with any order and will not be applied to any of their debts or obligations either in law or equity and will not, regardless of circumstance, pass to their assignee. They will also not be subject to the interference or control of creditors, spouses, or other such parties.

Governing Law

This section states that this will is governed by the laws of the state of Florida.

Binding Arrangement

This section declares that any decision made by the personal representative with respect to any kind of discretionary power will be considered final and binding for all persons involved and interested.

Name of Testator

Enter the full legal name of the testator.

Date of Execution

Enter the date when the will was made or altered.

Signature and Name of Testator

Have the testator sign the form in the space provided and write their full legal name.

Date of Witness

Enter the date when the signing of the Florida Last Will and Testament was witnessed.

Signature and Address of Witness

Have the witnesses sign the form in the space provided, and enter their current residential address.

Testamentary Affidavit

State

Enter the state where the affidavit is being filed.

County

Enter the county where the affidavit is being filed.

Name of Testator

Enter the name of the testator.

Name of Witnesses

Enter the name of the witnesses.

Testator Signature

Have the testator sign the form in the space provided.

Witness Signature

Have the witnesses sign the form in the space provided.

Date Signed

Enter the date when the affidavit was signed.

Frequently Asked Questions About the Florida Last Will and Testament

What are some tips when filling out the Florida Last Will and Testament?

The Florida Last Will and Testament is a very simple form to fill out. As it is a legal document, however, it is important to make sure that all information entered in the form is not only correct and updated but also that the testator is fully aware of and consents to the terms they enter in the will.

Seek legal advice. It is common for testators to consult a legal professional in order to properly structure their will and to ensure that all terms and conditions they set are fair and logical.

Keep the form in a safe and secure place. Make sure to keep the form in an organized space. This will help to avoid issues that may arise from losing a copy of the document, such as the terms outlined in the will being altered without the testator or the personal representative’s consent.

Practice good contract management. Create a copy of the filled and signed will and keep it in a safe and organized area. This will be useful for any possible legal purposes in the future, or simply as a backup in the event that something should happen to the original copy or copies.

Who needs to use the Florida Last Will and Testament?

The Florida Last Will and Testament is a legal document that outlines an individual's wishes regarding the distribution of their assets and property upon their death. It is important to have a valid will in place to ensure that your final wishes are carried out and to avoid any potential disputes among your heirs. Anyone who owns property or assets in the state of Florida should consider creating a last will and testament. Even if you do not own much, a will can still be a helpful tool for ensuring that your loved ones are taken care of after you pass away.

In many cases, people choose to create a last will and testament in order to:

Designate a guardian for minor children
Choose how their property and assets will be distributed
Appoint an executor to carry out their final wishes
Avoid potential disputes among heirs
Make sure their final wishes are carried out according to their desires

If you die without a valid will in place, your assets will be distributed according to Florida's intestacy laws. These laws determine how property is distributed among survivors when someone dies without a will. In general, intestacy laws favor close relatives, such as spouses and children, over more distant relatives. If you have specific wishes for how you would like your property to be divided, it is best to create a last will and testament so that your wishes can be carried out.

Creating a last will and testament is a relatively simple process, but it is important to make sure that the document is valid and properly executed in order to ensure that it will be upheld in court. You should always consult with an experienced attorney when creating a last will and testament to ensure that your interests are protected.

Can I write my own will in Florida?

You can, but we recommend that you have an attorney prepare your will to ensure that it is enforceable and meets all of Florida's requirements. If you choose to prepare your own will, be sure to use proper legal wording and follow all the required formatting rules. You should also have your will witnessed by at least two people who are not related to you or named in the will. Finally, keep your will in a safe place where it can be easily found by your loved ones after you pass away.

Does a Last Will and Testament need to be notarized in Florida?

For a Last Will and Testament to be valid in Florida, it does not need to be notarized. However, we recommend having your Will notarized for the following reasons:

A notarized Will ensures that the person signing the Will is who they say they are.
A notarized Will makes it more difficult for someone to claim that the Will is forged or otherwise invalid.
A notarized Will can make the probate process smoother and faster, as the court will know that the Will is valid and does not need to be further authenticated.

Notarizing a Will shows that you are serious about your wishes regarding your estate and provides an extra layer of protection for your loved ones.

If you have any questions about whether or not you should have your Will notarized, we recommend speaking with an experienced estate planning attorney who can help you make the best decision for your unique circumstances.

Do Wills have to be filed with the court in Florida?

Yes, wills must be filed with the court in Florida. The will must be filed with the clerk of the circuit court in the county where the decedent resided at the time of death. The will must be accompanied by a self-proving affidavit, which is a sworn statement by the witnesses to the will that they witnessed the decedent signing the will and that the decedent was of sound mind at the time of signing.

Is a handwritten notarized will legal in Florida?

Yes, a handwritten notarized will is legal in Florida. However, it is always best to have a lawyer prepare your will to ensure that it meets all of the legal requirements and is properly executed. If you choose to write your own will, be sure to use clear and concise language, date and sign the will in front of two witnesses, and have the witnesses sign the will as well. You should also have the will be notarized by a notary public.

Does a spouse automatically inherit everything in Florida?

In Florida, a spouse does not automatically inherit everything. Florida is an "equitable distribution" state, which means that assets acquired during the marriage are divided equitably between the spouses, but not necessarily evenly. The court will consider various factors in determining how to divide the assets, including each spouse's financial needs and contributions to the marriage.

If one spouse dies without a will, the intestate succession laws of Florida will determine how the assets are distributed. Under these laws, the surviving spouse will inherit the deceased spouse's entire estate if the couple had no children together. If they did have children together, the surviving spouse will inherit a portion of the estate, with the rest going to the children.

Who keeps the original copy of a will?

The original copy of a will is typically kept by the person named as the executor in the will. This person is responsible for carrying out the instructions in the will, and so it makes sense that they would also be responsible for keeping the original copy safe. Sometimes, the original copy of the will is kept by the lawyer who prepared it. In either case, it is important to make sure that the original copy of the will is kept in a safe place where it can be easily found when needed.

When you are making your will, you should discuss with your lawyer or executor where the original copy will be kept. You may also want to make copies of your will and keep them in different locations, such as with family members or close friends. This can help to ensure that your wishes are carried out even if the original copy of the will is lost or destroyed.

Who has power of attorney after death if there is no will?

If there is no will, then the person who has power of attorney after death is the executor of the estate. The executor is responsible for distributing the assets of the estate according to the laws of intestate succession. If there is no executor, then the court will appoint an administrator to handle the estate.

Just as with a will, a power of attorney can be revoked at any time by the person who granted it. If the person who has power of attorney dies, the power of attorney is automatically revoked.

If you have questions about power of attorney or need help drafting or revoking one, you should contact an experienced estate planning attorney in your area.

When a husband dies what is the wife entitled to in Florida?

There is no definitive answer to this question since each situation is unique and will likely entail different assets and liabilities. However, in general, a wife in Florida may be entitled to a portion of her husband's estate including any property, savings, investments, and other assets. She may also be responsible for a portion of her husband's debts. It is always best to consult with an attorney to determine what one may be entitled to after the death of a spouse.

What happens to an old will when a new one is made?

If a new will is created, the old one becomes invalid and any assets that were designated in the old will go to the beneficiaries named in the new will. If there is no new will, the old one is still valid and the assets will be distributed according to its terms.

While it's generally best to destroy an old will when a new one is created, it's not required. If you want to keep the old one for sentimental reasons, you can put it in a safe deposit box or another secure location. Just be sure that the executor of your estate knows where to find it.

To avoid confusion, it's also a good idea to write "This is my last will and testament" at the top of the new document. This will make it clear that any previous wills are no longer in effect.

It is best to consult with an attorney when creating or updating a will to ensure that it is valid and meets your needs.

How do I find a will in Florida?

There are a few ways to find a will in Florida. One way is to contact the county clerk's office in the county where the person died. The clerk may have records of the person's will on file. Another way to find a will is to contact an attorney who represented the person. The attorney may have a copy of the will on file. Finally, you can also search online public records databases. These databases typically include wills that have been filed with the court system.

If you are looking for a will that you use to be in possession of, and you cannot find it, then you may want to consider hiring a professional genealogist or private investigator. These individuals can often help locate missing wills.

When someone dies, their will becomes a public record. This means that anyone can request a copy of the will from the court system. In Florida, the clerk of the circuit court is responsible for maintaining records of wills. To get a copy of a will, you will need to submit a written request to the clerk's office. The request should include the name of the deceased person, as well as the approximate date of death. You may also be required to pay a small fee for copies of the will.

If you are unable to locate a will through the above methods, it is possible that the person did not have a will. In this case, their estate will be distributed according to Florida's intestacy laws. Intestate succession laws dictate how a person's assets are to be distributed if they die without a valid will. Under Florida law, the deceased person's assets will first go to their spouse and children. If the deceased person does not have any surviving spouse or children, their assets will be distributed to their parents. If the deceased person does not have any surviving parents, their assets will be distributed to their siblings. Finally, if the deceased person does not have any surviving siblings, their assets will be distributed to their grandparents.

It is important to note that the above information only applies to wills that are filed with the Florida court system. If a person dies with a will that was not filed with the court, the will may still be valid. In this case, the Executor of the estate would be responsible for distributing the assets according to the terms of the will.

What happens if the husband dies and the house is only in his name in Florida?

In the event that the husband dies and the house is only in his name, Florida law provides that the home will go through probate. Probate is a legal process where the deceased person's assets are distributed to their heirs. The house will be transferred to the heir or heirs named in the deceased's will. If there is no will, then the house will be distributed according to Florida's intestacy laws. Intestacy laws determine who gets what when someone dies without a will.

In general, intestacy laws give preference to blood relatives over others. So, if the husband dies without a will and there are no blood relatives who can inherit the house, it may go to his wife. However, this varies from state to state, so it's best to consult with an attorney to find out what would happen in your specific case.

What happens to a bank account when someone dies without a will in Florida?

If someone dies without a will in Florida, their bank account will be subject to probate. Probate is the legal process of distributing a person's assets after they die. The court will appoint an administrator to oversee the probate process and determine who will receive the deceased person's assets. If the deceased had a joint bank account with someone else, the surviving joint owner will typically become the sole owner of the account. If there are multiple heirs, the court will determine how to divide the account among them.

Does a deed override a will?

This is a difficult question to answer without knowing all of the circumstances involved. In general, however, a deed would override a will if the deed was executed before the will was created. If, however, the will specifically states that it revokes any previous deeds, then the will would take precedence. Ultimately, it would be up to a judge to determine which document should take precedence in a given situation.

How long is a will valid after death?

A will is generally considered valid after death if it is properly executed and witnessed. However, there are some circumstances in which a will may be contested after death such as the following:

If the will was not properly executed or witnessed
If there is evidence of fraud or duress
If the testator (person who made the will) lacked mental capacity at the time the will was made
If the testator later revoked the will

It is always best to consult with an attorney to ensure that your will is valid and will not be contested after your death.

What makes a will null and void?

There are a number of things that can make a will null and void, including:

If the will was not properly signed or witnessed;
If the person who made the will (the "testator") did not have the mental capacity to understand what they were doing;
if the testator was forced or coerced into making the will;
If the will was created under fraudulent circumstances; or
If the will was subsequently revoked by the testator.

If any of these conditions are met, then the court will not uphold the validity of the will and it will be considered null and void. This means that the estate will be distributed as if there was no valid will in place at all. Therefore, it is important to make sure that a will is properly executed and cannot be challenged on any of these grounds before it is used to distribute an estate.

What are the conditions to make a will valid?

There are several conditions that must be met in order for a will to be valid:

The will must be in writing. This means that it cannot simply be a verbal agreement or understanding between the parties.
The will must be signed by the testator (the person who is making the will).
The will must be witnessed by two other people who are not related to the testator or beneficiaries under the will.
The witnesses must sign the will in the presence of the testator.
The will must be properly executed according to the laws of the state in which it is created.

If these conditions are not met, then the will may be found to be invalid and any assets that were supposed to go to beneficiaries under the will may instead be distributed according to the laws of intestacy (dying without a will).

It is important to note that even if a will is found to be valid, there may still be challenges to the will based on other grounds, such as undue influence or fraud. Therefore, it is always best to consult with an experienced estate planning attorney to ensure that your will is properly executed and will withstand any potential challenges.

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Fillable Form Florida Last Will and Testament