If you have toiled hard to live life in a comfortable way or have inherited significant wealth and properties from your parents, it is advisable to make a “Last Will and Testament” and appoint an executor of the will in case of your accidental death or demise due to sickness or accidents. These days Florida wills are easy to create and sign by the testator, executor and witnesses electronically.
A testator is a person writing the will and a testament is a series of clauses that describe the ownership rights of the beneficiaries in the will. A Florida will is an integral part of an estate plan and incomplete without the signature of two witnesses. It is also advisable to appoint an executor of the will as well.
The last will and testament in Florida is the last signed will of the testator that provides rights to ownership of properties, taxes, liabilities and other material things to the beneficiary(s) in Florida. Any signed version of the will written and signed before the latest date of a valid will are not legal in the eyes of the court.
The last will and testament is important to identify the beneficiaries when the testator is no more and ensures that there are no disputes amongst them regarding the ownership of any properties or assets. The executor of the will can carry out the wishes of the deceased. Florida wills should list the executors of the will along with the details of the witnesses and signature to prove that it is legally valid in accordance with the Florida laws.
What Is a Florida Last Will And Testament?
The Florida Last Will and Testament document is the most popular estate planning document created by the will writer in the state of Florida. It provides details of the testator’s assets, accounts, interests, legal guardian of your dependents and clauses related to the disposition of these.
The will maker nominates a person as an executor of the will. Also, the will must be signed by two witnesses in presence of the testator to be considered as valid. The Last Will and Testament comes into force and is legally binding after the testator passes away.
Get Started With Our Last Will and Testament Florida Template!
If you're looking for an easy-to-use, professional last will and testament Florida template, then this is the one for you. It helps you ensure your property is properly cared for following your death. Get a free copy of this template now!
What's Included in a Florida Last Will and Testament?
A Florida will form should include at least the following sections:
- Details of the testator
- Attestation area for testator, executor and two witnesses to sign
- Details of the testaments made by the testator including appointing an executor of the Last will and Testament.
- Beneficiary information, disposition, binding clauses, legal guardian information etc. in the details of the will
It is important to get the Florida Last Will and Testament notarized after making it and getting it signed from the witnesses and executor to make it a legally valid document.
What Can A Florida Last Will and Testament Do or Not Do?
The Florida Last Will and Testament has the provision for the will maker to appoint someone to execute the will on his or her behalf after the will maker is gone. This will is valid under the Florida Law if it is signed by two witnesses.
The beneficiaries of the assets, responsible people to pay the taxes and dues, distribution of movable and immovable assets can be listed in the will with clear definition of the ownership rights, terms of transfer and other details .
Unlike a living will which can be enforced while the testator is still alive, the Last Will can only come into force when the person passes away. If a Last Will is not made by the property owner, the state law will prevail regarding the ownership rights on the assets and that is the reason you should make your will, name an executor and get it signed from witnesses.
The last and the most important step in this process is to get it notarized as well to make it enforceable in the probate court.
How to Form, Change and Revoke a Last Will and Testament in Florida?
One can easily create, change or revoke a Last Will and Testament in Florida by working with their lawyers or do it themselves online. Working through lawyers may be expensive, cumbersome and a delayed process. On the other hand, you can easily modify a pre-written template yourself at any time. You can also form a new one if you want to change it after revoking the existing one.
A valid last will and testament needs to be signed by the testator and two witnesses, must be notarized and may name an executor of the will. A new Florida will created by the same process makes the previous one automatically null and void provided it was notarized. Witnesses need to sign in physically on this last will as they need to be in the line of sight of the testator and the testator should be aware of their presence.
Get Started With Our Last Will and Testament Florida Template!
If you're looking for an easy-to-use, professional last will and testament Florida template, then this is the one for you. It helps you ensure your property is properly cared for following your death. Get a free copy of this template now!
FAQs
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Q. What happens if I die without a Florida Last Will and Testament?
If you die without writing a will, the succession laws in Florida Probate Code will determine who inherits the estate owner’s properties.
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Q. What assets can be transferred with a Florida Last Will and Testament?
All kinds of assets including real estate or personal properties can be transferred with this Last Will and Testament.
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Q. Does a Florida Last Will and Testament avoid the Probate Court?
No, there is no guarantee that the Last Will will avoid the Probate Court. It can only be used as a reference to tell the Florida probate court where these assets are to be distributed after your death.
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Q. Are there any free templates for Florida Last Will and Testament?
Yes, you can easily find free Florida Last Will and Testament templates written by legal experts online from authority sites like cocosign.com.
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Q. Can I make a Florida Last Will and Testament online and sign it?
Yes, you can easily use an online free template to modify it to create your last will and define testaments. You can also sign it electronically.
CocoSign provides many templates easily AVAILABLE online to create free Florida Last Will and Testament. You can review and download the one that best fits your needs. Our will and testament templates are easy to edit and sign. The Last Will format is sufficient for defining the final wishes of a person about their possessions and dependents in a lawful way.
DOCUMENT PREVIEW
Florida Last Will and Testamentof
___________________________________
Pursuant to Chapter 732 (Probate Code: Intestate Succession and Wills)
I, ________________________, resident in the City of ____________________, County of ____________________, State of Florida being of sound mind, not acting under duress or undue influence, and fully understanding the nature and extent of all my property and of this disposition thereof, do hereby make, publish, and declare this document to be my Last Will and Testament, and hereby revoke any and all other wills and codicils heretofore made by me.
- EXPENSES & TAXES
I direct that all my debts, and expenses of my last illness, funeral, and burial, be paid as soon after my death as may be reasonably convenient, and I hereby authorize my Personal Representative, hereinafter appointed, to settle and discharge, in his or her absolute discretion, any claims made against my estate.
I further direct that my Personal Representative shall pay out of my estate any and all estate and inheritance taxes payable by reason of my death in respect of all items included in the computation of such taxes, whether passing under this Will or otherwise. Said taxes shall be paid by my Personal Representative as if such taxes were my debts without recovery of any part of such tax payments from anyone who receives any item included in such computation.
- PERSONAL REPRESENTATIVE
I nominate and appoint ________________________, of ___________________________, County of ________________________, State of ______________________________ as Personal Representative of my estate and I request that (he/she) be appointed temporary Personal Representative if (he/she) applies. If my Personal Representative fails or ceases to so serve, then I nominate _____________________________of __________________________, County of ____________________________, State of ______________________ to serve.
- DISPOSITION OF PROPERTY
I devise and bequeath my property, both real and personal and wherever situated, as follows:
1st Beneficiary
_______________________ [full name], currently of _______________________ [address], as my _______________________ [relation] whose last four (4) digits of their Social Security Number (SSN) are xxx-xx-_____ with the following property:
______________________________________________________________________
2nd Beneficiary
_______________________ [full name], currently of _______________________ [address], as my _______________________ [relation] whose last four (4) digits of their Social Security Number (SSN) are xxx-xx-_____ with the following property:
______________________________________________________________________
3rd Beneficiary
_______________________ [full name], currently of _______________________ [address], as my _______________________ [relation] whose last four (4) digits of their Social Security Number (SSN) are xxx-xx-_____ with the following property:
______________________________________________________________________
If any of my beneficiaries have pre-deceased me, then any property that they would have received if they had not pre-deceased me shall be distributed in equal shares to the remaining beneficiaries.
If any of my property cannot be readily sold and distributed, then it may be donated to any charitable organization or organizations of my Personal Representative’s choice. If any property cannot be readily sold or donated, my Personal Representative may, without liability, dispose of such property as my Personal Representative may deem appropriate. I authorize my Personal Representative to pay as an administration expense of my estate the expense of selling, advertising for sale, packing, shipping, insuring and delivering such property.
- OMISSION
Except to the extent that I have included them in this Will, I have intentionally, and not as a result of any mistake or inadvertence, omitted in this Will to provide for any family members and/or issue of mine, if any, however defined by law, presently living or hereafter born or adopted.
- BOND
No bond shall be required of any fiduciary serving hereunder, whether or not specifically named in this Will, or if a bond is required by law, then no surety will be required on such bond.
- DISCRETIONARY POWERS OF PERSONAL REPRESENTATIVE
My Personal Representative, shall have and may exercise the following discretionary powers in addition to any common law or statutory powers without the necessity of court license or approval:
A. To retain for whatever period my Personal Representative deems advisable any property, including property owned by me at my death, and to invest and reinvest in any property, both real and personal, regardless of whether any particular investment would be proper for a Personal Representative and regardless of the extent of diversification of the assets held hereunder.
B. To sell and to grant options to purchase all or any part of my estate, both real and personal, at any time, at public or private sale, for consideration, whether or not the highest possible consideration, and upon terms, including credit, as my Personal Representative deems advisable, and to execute, acknowledge, and deliver deeds or other instruments in connection therewith.
C. To lease any real estate for terms and conditions as my Personal Representative deems advisable, including the granting of options to renew, options to extend the term or terms, and options to purchase.
D. To pay, compromise, settle or otherwise adjust any claims, including taxes, asserted in favor of or against me, my estate or my Personal Representative.
E. To make any separation into shares in whole or in part in kind and at values determined by my Personal Representative, with or without regard to tax basis, and to allocate different kinds and disproportionate amounts of property and undivided interests in property among the shares.
F. To make such elections under the tax laws as my Personal Representative shall deem appropriate, including elections with respect to qualified terminable interest property, exemptions and the use of deductions as income tax or estate tax deductions, and to determine whether to make any adjustments between income and principal on account of any election so made.
G. To make any elections permitted under any pension, profit sharing, employee stock ownership or other benefit plan.
H. To employ others in connection with the administration of my estate, including legal counsel, investment advisors, brokers, accountants and agents and to pay reasonable compensation in addition to my Personal Representative’s compensation.
I. To vote any shares of stock or other securities in person or by proxy; to assert or waive any stockholder’s rights or privilege to subscribe for or otherwise acquire additional stock; to deposit securities in any voting trust or with any committee.
J. To borrow and to pledge or mortgage any property as collateral, and to make secured or unsecured loans. My Personal Representative is specifically authorized to make loans without interest to any beneficiary hereunder. No individual or entity loaning property to my Personal Representative or trustee shall be held to see to the application of such property.
K. My Personal Representative shall also in his or her absolute discretion determine the allocation of any GST exemption available to me at my death to property passing under this Will or otherwise. The determination of my Personal Representative with respect to any elections or allocation, if made or taken in good faith, shall be binding upon all affected.
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CONTESTING BENEFICIARY
If any beneficiary under this Will, or any trust herein mentioned, contests or attacks this Will or any of its provisions, any share or interest in my estate given to that contesting beneficiary under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased me.
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GUARDIAN AD LITEM NOT REQUIRED
I direct that the representation by a guardian ad litem of the interests of persons unborn, unascertained or legally incompetent to act in proceedings for the allowance of accounts hereunder be dispensed with to the extent permitted by law.
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GENDER
Whenever the context permits, the term “Personal Representative” shall include “Executor” and “Administrator,” the use of a particular gender shall include any other gender, and references to the singular or the plural shall be interchangeable. All references to the Internal Revenue Code shall mean the Internal Revenue Code of 1986 or any successor Code. All references to estate taxes shall include inheritance and other death taxes.
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ASSIGNMENT
The interest of any beneficiary in this Will, shall not be alienable, assignable, attachable, transferable nor paid by way of anticipation, nor in compliance with any order, assignment or covenant and shall not be applied to, or held liable for, any of their debts or obligations either in law or equity and shall not in any event pass to his, her, or their assignee under any instrument or under any insolvency or bankruptcy law, and shall not be subject to the interference or control of creditors, spouses or others.
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GOVERNING LAW
This document shall be governed by the laws in the State of Florida.
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BINDING ARRANGEMENT
Any decision by my Personal Representative with respect to any discretionary power hereunder shall be final and binding on all persons interested. Unless due to my Executor’s own willful default or gross negligence, no Executor shall be liable for said Executor’s acts or omissions or those of any co‑Executor or prior Executor.
I, the undersigned ________________________, do hereby declare that I sign and execute this instrument as my last Will, that I sign it willingly in the presence of each of the undersigned witnesses, and that I execute it as my free and voluntary act for the purposes herein expressed, on this ____ day of ________________, 20____.
________________________________ ___________________________________
Testator Signature Testator (Printed Name)
The foregoing instrument, was on this ____ day of ________________, 20____, subscribed on each page and at the end thereof by ________________________, the above-named Testator, and by (him/her) signed, sealed, published and declared to be (his/her) LAST WILL AND TESTAMENT, in the presence of us and each of us, who thereupon, at (his/her) request, in (his/her) presence, and in the presence of each other, have hereunto subscribed our names as attesting witnesses thereto.
________________________________ ___________________________________
Witness Signature Address
________________________________ ___________________________________
Witness Signature Address
TESTAMENTARY AFFIDAVIT
STATE OF ____________________
COUNTY OF __________________, SS.
Before me, the undersigned authority, on this day personally appeared ___________, testator, ____________________, witness and ___________________, witness, known to me to be the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, and, all of these persons being by me duly sworn, the testator declared to me and to the witnesses in my presence that the instrument is the testator’s last will and that the testator has willingly signed or directed another to sign for him/her, and that the testator executed it as the testator’s free and voluntary act for the purposes therein expressed; and each of the witnesses stated to me, in the presence of the testator, that they signed the will as witnesses and that to the best of their knowledge the testator was eighteen (18) years of age or over, of sound mind and under no constraint or undue influence.
______________________________ ______________________________
Testator Signature Witness Signature
______________________________ Witness Signature
Subscribed and sworn to before me by the said testator and the said witnesses, this
____ day of ________________, 20____.
________________________________
Notary Public
My Commission expires:
