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Florida Last Will and Testament Template

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The Florida Last Will and Testament is a legal document, accepted by the state of Florida that is executed by the testator to ensure that their personal property, fiduciary funds, real property and any other belongings, are properly distributed to their beneficiaries of choice. This document shall allow the testator the ability to specifically protect their spouse, children, friends, other family members or even donate a portion of their estate to any organization of their choice. This document will require two witnesses and notarization by a Florida state notary public. This document may be changed or revoked at any time

Execution (§ 732.502) – Must be signed in the presence of at least two (2) witnesses with the Testator present (Testator is the person who is making the will).

Guide to Making a Will – A beginner’s supplement provided by the University of Florida that gives an overview, along with a sample, on probate in the State.

LawsChapter 732 (Probate Code: Intestate Succession and Wills)

Signing (FL Section 732.502) – Two (2) Witnesses.

How to Write

Step 1 – Provide the Testator’s Name at the top of the document followed by:

  • Name of Testator
  • City of testator’s Residence
  • County of testator’s Residence
  • Testator must read the remainder of the information
  • Also review “Expenses and Taxes”

Step 2 – Appointment of Executor –

  • Enter the name of the selected executor
  • City
  • County
  • State

Alternate Executor –establish an alternate executor if for any reason the initial executor is unable to provide services

  • Provide the name of the alternate executor
  • Name of executor’s city
  • County
  • State

Step 3 – Disposition of Property to Named Beneficiaries –

Beneficiary Information:

  • Full name
  • Current address
  • Relationship to testator
  • Enter the last four digits of beneficiary SSN
  • Enter the property being bequeathed per beneficiary

The Testator must read the remaining information pertaining to how the testator’s property is distributed in the event a member of their group of beneficiaries pre-decease the testator.

Step 4 – Testator should review the remaining titled sections:

  • Omission
  • Bond
  • Discretionary Powers of Personal Representative A through K
  • Contesting Beneficiary
  • Guardian Ad Litem  Not Required
  • Gender
  • Assignment
  • Governing Law
  • Binding Arrangement

Step 5 – Signatures/Witnesses – All parties must be present. Enter the following :

  • Enter the testator’s name
  • Date of testator’s signature in dd/mm/yyyy format
  • Testator Signature
  • Testator’s printed name

Witnesses – Must read the brief statement –

  • Date the document in dd/mm/yyyy format
  • Enter the name of the testator

Witness 1 – 

  • Witness Signature
  • Current Address

Witness 2 –

  • Witness Signature
  • Current Address

Step 6 – Testament Affidavit – All parties must carefully review the affidavit and complete the following:

  • State
  • County
  • Name of testator
  • Name of Witness 1
  • Name of Witness 2
  • AND
  • Testator’s Signature
  • Witness Signature
  • Witness Signature

Step 7 – Notarization – When the notary public has witnessed all signatures they will complete the remainder of the document and authenticate  by affixing the state seal

 


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