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Understanding the Florida Last Will and Testament

A free, plain-English overview of wills, probate, and what happens without a will in Florida.

What’s in the guide

A last will and testament is a signed document that directs how property in your name alone is distributed after death, names a personal representative (the Florida term for executor), and can nominate a guardian for minor children. It controls only probate assets, so jointly owned property, accounts with a named beneficiary, trust property, and Lady Bird deed property pass outside it.

This guide explains who can make a will, how a Florida will must be signed, what happens without one, and how probate works, with links to the Florida Probate Code so you can read the sources yourself.

What the 9-page guide covers

  1. What a Will Is — and What It Is Not
  2. Who Can Make a Will
  3. How a Florida Will Must Be Signed
  4. What a Will Typically Contains
  5. Changing or Revoking a Will
  6. Rights a Will Cannot Override
  7. What Happens Without a Will — Intestacy
  8. Probate — What the Will Goes Through
  9. Federal Estate Tax and Income Tax Notes (Information Only)
  10. Practical Points Frequently Discussed
  11. Do Your Own Research — Primary Sources
  12. Required Disclosures

Download the free guide (PDF)

Ready to start? Call or text 772-321-2290.

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Ready to start your paperwork?

Fill out the Florida Last Will and Testament intake form, or call or text 772-321-2290. Your document is prepared from the information you provide in writing. See estate document preparation.

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I am not an attorney. I am a nonlawyer document preparer and provide document preparation only, at your direction. I cannot give legal advice. This guide is educational information only.

Prepared by Jonathan Rexford, Nonlawyer Document Preparer and Florida Notary Public, Vero Beach, Florida · 772-321-2290 · jonathan@notarynearmenow.com

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