Florida Last Will and Testament
Generate a last will and testament tailored to Florida law. Our AI incorporates FL-specific statutory requirements, disclosure obligations, and legal standards into every document.
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Florida Legal Requirements
Key FL statutes and obligations that apply to your last will and testament.
Requirements
- Florida Probate Code (Chapters 731-735) governs
- Two witnesses required — both must sign in the presence of each other and the testator
- Self-proving will allowed: notary and witnesses sign affidavit (§ 732.503)
- Testator must be at least 18 years old
- Holographic wills: NOT valid in Florida (unless executed under another state's laws)
Restrictions & Limits
- Elective share: spouse entitled to 30% of elective estate (§ 732.2065)
- Homestead: complex restrictions on devising homestead to anyone other than spouse or minor children
- Florida estate tax: no state estate tax (follows federal exemption)
Official Statute References
Primary Florida statutes governing this document type.
Florida Last Will and Testament FAQ
Common questions about last will and testaments under Florida law.
Are holographic wills valid in Florida?
No. Florida does not recognize holographic wills (handwritten, unwitnessed wills) created within the state. A Florida will must be witnessed by two adults signing in the testator's presence. Exception: foreign holographic wills may be recognized if valid where executed.
What are Florida's homestead devolution rules?
Florida's homestead law restricts how you can leave your homestead. If you have a spouse or minor children, you cannot devise (give) the homestead to anyone else. The homestead passes to the spouse for life with a remainder to descendants, or outright to descendants if no surviving spouse.
Does Florida have an estate tax?
No. Florida has no state estate tax. Only the federal estate tax applies, which has a $13.61 million exemption per person in 2024 (indexed for inflation). This makes Florida particularly favorable for estate planning.
What is the elective share in Florida?
A surviving spouse can elect to take 30% of the 'elective estate' (which includes more than just probate assets — it includes revocable trusts, certain joint property, etc.) instead of whatever the will provides. This prevents a spouse from being disinherited.
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Last Will and Testament by State
Laws vary significantly by state. Find the right form for your location.
Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.