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.
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.
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.
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.
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.
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.
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.
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