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Florida Estate Law Summary

Note: You can also Access a Personal Planning Package for the State of Florida. or Prepare a Will Online

NOTE: This law summary is not intended to be all inclusive of the law of wills in Florida. However, it does contain a summary of many of the material Florida law requirements.

Who may make a will: Any person 18 or more years of age who is of sound mind may make a will. 732.501

Execution of wills: Every will must be in writing and executed by the testator at the end of the will and witnessed by two or more witnesses. The attesting witnesses must sign the will in the presence of the testator and in the presence of each other. 732.502

Execution in Another State: Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, is valid as a will in this state if valid under the laws of the state or country where the testator was at the time of execution. 732.502

Validity: No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law. 732.502

Codicils: A codicil shall be executed with the same formalities as a will. 732.502

Self-proof of will: A will or codicil executed in conformity with the requirements above may be made self-proved at the time of its execution or at any subsequent date by the acknowledgment of it by the testator and the affidavits of the witnesses, each made before an officer authorized to administer oaths and evidenced by the officer's certificate attached to or following the will in the required form. The Will available for downloading is a Self-Proving Will. 732.503

Who may witness: Any person competent to be a witness may act as a witness to a will. A will or codicil, or any part of either, is not invalid because the will or codicil is signed by an interested witness. 732.504

Revocation by writing: A will or codicil, or any part of either, is revoked by a subsequent inconsistent will or codicil, even though the subsequent inconsistent will or codicil does not expressly revoke all previous wills or codicils, but the revocation extends only so far as the inconsistency exists, or by a subsequent written will, codicil, or other writing declaring the revocation, if the same formalities required for the execution of wills are observed in the execution of the will, codicil, or other writing. 732.505

Note: Click Here for a Personal Planning Package for Florida.

Revocation by act: A will or codicil is revoked by the testator, or some other person in the testator's presence and at the testator's direction, by burning, tearing, canceling, defacing, obliterating, or destroying it with the intent, and for the purpose, of revocation. 732.506

Effect of subsequent marriage, birth, or dissolution of marriage: Neither subsequent marriage nor subsequent marriage and birth or adoption of lineal descendants shall revoke the prior will of any person, but the pretermitted child or spouse shall inherit as otherwise provided by law, regardless of the prior will. Any provisions of a will executed by a married person, which provision affects the spouse of that person, shall become void upon the divorce of that person or upon the dissolution or annulment of the marriage. After the dissolution, divorce, or annulment, any such will shall be administered and construed as if the former spouse had died at the time of the dissolution, divorce, or annulment of the marriage, unless the will or the dissolution or divorce judgment expressly provides otherwise. 732.507

Revocation of codicil: The revocation of a will revokes all codicils to that will. 732.507

Devises to trustee: A valid devise may be made to the trustee of a trust that is evidenced by a written instrument in existence at the time of making the will, or by a written instrument subscribed concurrently with making of the will, if the written instrument is identified in the will. 732.513

Separate writing identifying devises of tangible property: A will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money and property used in trade or business. To be admissible under this section as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one in existence at the time of the testator's death. It may be prepared before or after the execution of the will. It may be altered by the testator after its preparation. It may be a writing that has no significance apart from its effect upon the dispositions made by the will. 732.515

Penalty clause for contest: A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable. 732.517

Click Here for Florida State Will & Estate Forms

Description - Florida Life Documents Planning Package, including Will, Power of Attorney and Living Will

The Legal Life Documents Personal Planning Package contains essential life documents, information on how to organize life documents and other products. The documents in this package are State Specific.

This package contains the following forms:

Last Will
General Durable Power of Attorney for Property and Finances Effective Immediately
Health Care Proxy - Designation of Health Care Surrogate - Statutory Form
Statutory Living Will
Affidavit to be Submitted by Attorney in Fact to a Third Party
Affidavit to be Submitted by Primary Physician to a Third Party
Durable Power of Attorney for Property, Finances and Health Care
Estate Planning Questionnaire and Worksheets
Personal Planning Information and Document Inventory Worksheets

Last Will - Complete this form to detail in writing your wishes regarding who is to receive your property at death and who will administer your estate. It also enables you to appoint trustees or guardians, if applicable.
General Durable Power of Attorney for Property and Finances Effective Immediately - This General Durable Power of Attorney is a general, durable power of attorney which is effective IMMEDIATELY. The powers granted to an Agent in this Power of Attorney are very broad. This Power of Attorney does NOT provide for health care services. This form complies with all applicable state statutory laws.
Health Care Proxy - Designation of Health Care Surrogate - Statutory Form - This form allows you to designate a surrogate to make health care decisions for you if you are determined to be incapacitated to provide informed consent for medical treatment and surgical and diagnostic procedures.
Statutory Living Will - This Statutory Living Will form allows you to express your wishes and desires if it is determined that your death will occur whether or not life-sustaining procedures are utilized and where the application of life-sustaining procedures would serve only to artificially prolong the dying process. It is a declaration that such procedures be withheld or withdrawn, and that you be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide you with comfortable care.
Affidavit to be Submited by Attorney in Fact to a Third Party - This form is an affidavit to be submitted by an attorney-in-fact to a third party with the durable power of attorney.
Affidavit to be Submitted by Primary Physician to a Third Party - This form is an affidavit to be submitted by the primary physician of the principal to a third party who is to rely upon the authority granted to an attorney-in-fact in a durable power of attorney.
Durable Power of Attorney for Property, Finances and Health Care - This form is a general durable power of attorney that gives your attorney broad powers regarding your finances, your property, and your health care. This power of attorney continues in effect even if you should become disabled or incompetent.
Estate Planning Questionnaire and Worksheets - This Estate Planning Questionnaire and Worksheet is for completing information relevant to an estate. It contains questions for personal and financial information. You may use this form for client interviews. It is also ideal for a person to complete to view their overall financial situation for estate planning purposes.
Personal Planning Information and Document Inventory Worksheets - This form enables you to document matters relevant to your life and personal planning such as the location of your important legal documents, relatives names, contact information, medical information, financial asset inventory and more.

Florida Estate and Personal Planning Forms

Florida Estate Law Summary