Last Will And Testament requirements in Florida
- You must be at least 18 years old and of sound mind.
- The will must be in writing (typed or printed).
- You must sign the will in the presence of at least two witnesses.
- Witnesses must be at least 18 years old and must also sign the will.
- The will must name a personal representative (executor) to manage your estate.
- For property you own jointly with rights of survivorship, that property passes outside the will.
How to create a Last Will And Testament in Florida
- List your assets (real estate, bank accounts, investments) and choose your beneficiaries.
- Decide who will be your personal representative and backup representative.
- Draft your will using a trusted template or with an attorney's help.
- Sign your will in the presence of two witnesses; they must also sign.
- While not required by law, having your will notarized (a 'self-proving affidavit') will make probate easier.
- Store your will safely and tell your executor where it is.
What a Last Will And Testament typically costs
The cost to create a last will and testament in Florida varies. Using an online will template can be as low as $0–$100, while hiring a Florida estate attorney may cost between $300 and $1,500 depending on complexity. The fee for a notary is typically small, often around $10–$15.
Prepare your Florida last will and testament today with our easy-to-use template.
Create your last will and testamentFlorida Will Prep: Key Checklist
Before drafting your Florida will, gather essential items and understand state rules to avoid common pitfalls and ensure validity.
- Confirm you are at least 18 and of sound mind—Florida law requires this to make a valid will.
- List your assets (property, bank accounts, investments) and decide who should inherit each—this helps avoid ambiguity.
- Choose a personal representative (executor) and at least one alternate; Florida requires court appointment, so pick someone reliable.
- Remember Florida requires the will be signed in the presence of two witnesses; they must sign in your presence and in each other's presence.
- For real estate in Florida, consider a self-proving affidavit (notarized) to simplify probate—though not required, it speeds up the process.
- Keep your will in a safe place (like a fireproof safe or with your attorney) and tell your executor where it is; filing with the court is only after death.
Frequently asked questions
What is the difference between a last will and a living will?
A last will and testament deals with your property and assets after you pass away. A living will, on the other hand, is a document that states your wishes for medical treatment if you become unable to communicate, such as whether you want life-prolonging measures.
What happens if I die without a will in Florida?
If you die without a will, Florida's intestacy laws decide who inherits your assets. Typically, this goes to your spouse and children, but distant relatives could inherit if you have no immediate family. Dying without a will also means the court decides who manages your estate.
Can I write my own will in Florida?
Yes, you can write your own will in Florida as long as it meets the legal requirements: written, signed by you, and signed by two witnesses. However, it's wise to consult an attorney or use a reputable template to avoid errors that could lead to disputes or invalidation.
Do I need a notary for my Florida will?
Florida does not require your will to be notarized for it to be valid. However, adding a notarized self-proving affidavit can simplify probate by allowing witnesses to be 'pre-verified' so they don't have to testify in court.