What is a Last Will and Testament


A Florida Last Will and Testament, when prepared and executed properly by a person who is an adult of sound mind with legal responsibility for his- or herself, is a formal document that specifies how their assets or estate will be managed and distributed after their death. The person who dies is formally referred to as the decedent. If the decedent has minor children, the Last Will and Testament may also be used to designate who they want to care for their children and who they wish to handle their childrenís inheritance/finances until each child comes of age (usually 18, but you can designate a different age) to handle their finances on their own.

In a Last Will and Testament, the decedent usually also names a personal representativeóor co-personal representatives (two or more persons acting together in this capacity)óto manage the matters of the estate. The personal representative is the person who gathers all of the information about the decedentís debts and assets, pays outstanding debts using the assets on behalf of the estate, and ensures that the decedentís property is distributed as specified in the Will, so this is a job with a lot of responsibility, and the personal representative selected is usually someone the decedent really trusts to follow through on the details and with his or her wishes.

If a person dies without having a valid Last Will and Testament (which usuallyóin most statesómeans it must be properly witnessed, as wellónot just signed), someone will usually be appointed by the court to be the personal representative and will pay the decedentís debts, liquidizing assets as necessary to do so. Then the remaining assets will be distributed among the decedentís heirs according to the laws of the state the decedent lived in.

In some states, if one spouse dies leaving behind a husband or wife, that living spouse will inherit all of the decedentís property in the absence of a Last Will and Testament stating to the contrary. In other cases, the decedent may have specified a particular beneficiary to inherit a life insurance policy, retirement account, or other asset, and that beneficiary designation will dictate who receives those assets in the absence of a Florida Last Will and Testament.

The important thing to note is that anyone who wishes to designate how their assets will be distributed after their death should prepare and properly execute a Last Will and Testament to ensure their wishes are known and honored. If they donít, they may be leaving it up to chance, the laws of the state in which they reside at the time of their death, or a court of law as to how their final affairs will be settled.  Florida free information on last will and testament forms.

Legal Requirements for Last Wills in Florida

The last will is a paper that determines the rights for the property after the death of the person. If you know to whom you want to transfer your estate after death and are not sure that the court will make the same decision about inheritance, you can record your will in this legal document. Last will requirements differ from state to state in the USA, and that is why it is important to learn the rules in your state before signing the form.

Legal requirements are crucial to follow because the court can confirm that the will is invalid if even only one requirement is not met. In this case, your form will not work, and the court will decide how to share your property between minors or spouses.

The laws of Florida require the last will to be:

  • written;

  • signed by the testator (owner of the property) in the presence of two witnesses;

  • signed by two witnesses.

Moreover, special rules are regulating the process of the completion of the last will form, especially the state of the testator:

  • he or she should be over 18 years old;

  • he or she should not have any mental problems at the moment of signing.

The last will becomes valid only after the death of the testator, and it cannot be changed anymore after this event. However, a testator can make some changes in the form during life, but all the corrections should be recorded legally. It means that after some changes in the form, the testator should follow the same process of signing the paper as he or she did before. Make sure that the will was not changed after the death of a person because it could make the last will invalid.

Also, the testator can cancel the will at any point of his or her life in Florida, but it should be made without any pressure on the testator. It means that the testator should be of sound mind and able to make decisions by him or herself.



"Wonderful, A website that has quality last will forms . My husband and I been thinking of this for a long time. We finally decided to get it done and your forms was tailored just the way we wanted them. Thanks and keep up the good work"

Pompano Beach, Florida
"Thank you, Thank you, Thank you - I don't know if I can thank you enough. You guys made it possible for me to get a last will without it costing me a arm and a leg. Now I am completely focus on what I want to do with my life"

Sumter, South Carolina

"It was difficult to find cheap forms until I received your do it yourself last will forms. It took me 30 minutes to file out the forms and my will was complete . I didn't know that it could be that inexpensive to get a will"

Hartford, Connecticut

" The last will documents were so easy to fill out, The help I received from your company is just unbelievable. You guys are great, good looking out."

Detroit, Michigan
9-2021 / All Rights Reserved