Last Will and Testament in Florida
A simple will form for straightforward estates. A will is valid only if it is signed and witnessed exactly as your state requires (below); one that is not executed correctly may be ignored by the court. Larger estates, blended families, trusts for minor children or business interests are worth a lawyer's review.
What Florida law says
| Requirements for a valid will | Any person of sound mind who is 18 or older, or an emancipated minor, may make a will. The will must be in writing and signed at the end by the testator (or by another person in the testator's presence and at the testator's direction), in the presence of at least two attesting witnesses, who must sign in the presence of the testator and of each other. Source: Fla. Stat. §§ 732.501, 732.502 |
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| Self-proving affidavit | Yes. A will may be made self-proving when the testator and witnesses acknowledge it and sign affidavits before an officer authorized to administer oaths (such as a notary), using the statutory form. A self-proved will can be admitted to probate without testimony from the witnesses. Source: Fla. Stat. § 732.503 |
| Handwritten (holographic) wills | No. Florida does not recognize unwitnessed handwritten (holographic) wills or oral (nuncupative) wills. A handwritten will is valid only if it is signed and witnessed like any other will. A holographic or oral will made in another state is not given effect in Florida even if it was valid there. Source: Fla. Stat. § 732.502(1)-(2) |
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LAST WILL AND TESTAMENT OF [your full name]
I, [your full name], of [city, county and state], being of sound mind, make this my will and revoke all earlier wills and codicils.
1. Executor. I name [executor name] as personal representative (executor). If they cannot serve, I name [alternate executor name].
2. Specific gifts. I give [item or amount] to [beneficiary name].
3. Everything else. I give the rest of my property to [beneficiaries and shares]. If a beneficiary does not survive me by 30 days, their share goes to [alternate beneficiary].
4. Guardian. If I have minor children, I name [guardian name] as guardian, and [alternate guardian name] as alternate.
Signed on [date signed] at [city and state]. Signature: ____________________
Witnesses: we signed below in the presence of the person making this will and of each other, as required by state law. Witness 1: [witness 1 name and address] ____________ Witness 2: [witness 2 name and address] ____________
[Notary or self-proving affidavit, if your state provides one]
Last Will and Testament for other states · Florida tenant rights
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.