Florida Last Will and Testament: Everything You Need to Know

Distribute your assets and appoint guardians after death

Sales Tax: 6%Notary: $10Witnesses: 2

Document Preview


LAST WILL AND TESTAMENT
State of Florida

I, [YOUR FULL LEGAL NAME], a resident of [COUNTY] County, Florida (FL), being of sound mind and memory, do hereby declare this to be my Last Will and Testament, revoking all previous wills and codicils.

ARTICLE I — IDENTIFICATION
Name: [YOUR FULL LEGAL NAME]
Date of Birth: [DOB]
Address: [ADDRESS], FL [ZIP]
Social Security Number: [LAST 4 DIGITS ONLY]

ARTICLE II — FAMILY
Spouse: [SPOUSE NAME] (if applicable)
Children: [LIST CHILDREN WITH DATES OF BIRTH]

ARTICLE III — DEBTS AND EXPENSES
I direct my Personal Representative to pay all legally enforceable debts, funeral expenses, and costs of administration from my estate.

ARTICLE IV — SPECIFIC BEQUESTS
I give the following specific gifts:
1. [ITEM/AMOUNT] to [BENEFICIARY NAME]
2. [ITEM/AMOUNT] to [BENEFICIARY NAME]
3. [ITEM/AMOUNT] to [BENEFICIARY NAME]

ARTICLE V — RESIDUARY ESTATE
I give the remainder of my estate to [BENEFICIARY NAME]. If this beneficiary does not survive me, I give the residuary estate to [ALTERNATE BENEFICIARY].

ARTICLE VI — PERSONAL REPRESENTATIVE
I appoint [EXECUTOR NAME] as Personal Representative of this Will. If unable to serve, I appoint [ALTERNATE EXECUTOR] as successor.

ARTICLE VII — GUARDIAN (if minor children)
I appoint [GUARDIAN NAME] as guardian of my minor children. If unable to serve, I appoint [ALTERNATE GUARDIAN].

ARTICLE VIII — POWERS
My Personal Representative shall have full power to sell, lease, mortgage, or otherwise manage estate assets as necessary.

This Will is executed in accordance with the laws of Florida (FL Statutes).

TESTATOR SIGNATURE: _____________________ DATE: _____
Print Name: _____________________

WITNESS ATTESTATION:
We declare that the person who signed this Will, or asked another to sign for them, did so in our presence, and appeared to be of sound mind and under no duress.

Witness 1: _____________________ DATE: _____
Print Name: _____________________ Address: _____________________

Witness 2: _____________________ DATE: _____
Print Name: _____________________ Address: _____________________

NOTARY ACKNOWLEDGMENT (if required in Florida):
State of Florida, County of [COUNTY]
Subscribed and sworn before me this ___ day of _______, 20__.
Notary Public: _____________________ My Commission Expires: _____
[NOTARY SEAL]

Last Will and Testament Costs in Florida

Estimated fees and processing times

Fee TypeCostNotes
Notary Fee$5-$15 (if required)Florida standard rate: $10
Filing FeeVaries by stateState registration (if applicable)
Processing Time1-3 business daysTypical turnaround in Florida
Sales Tax6%Florida base rate (local taxes may apply)
Witness Requirement2 witnessesFlorida requires multiple witnesses
Our TemplateFREEDownload instantly, no cost
Fees shown are Florida-specific estimates. Contact your local office for exact pricing.
MCE
Reviewed & Fact-Checked

Michael Chen, Esq.

Real Estate Law Consultant

Bar Certified, Real Estate Expert

Expert in property transactions and real estate documentation

This Last Will and Testament template for Florida has been reviewed for accuracy and legal compliance.

Last reviewed: March 2026

Florida Last Will and Testament Legal Guide

For residents of Florida, ensuring this form is compliant with state-specific requirements is a top priority for legal validity.

In Florida, according to Florida Statute § 732, a 6% sales tax applies to applicable transactions. Notary fees in FL typically range from $10. The state requires 2 witnesses for this document.

Using this template ensures you're protected under Florida law while saving time and money on legal fees.

testatorbeneficiaryexecutorpersonal representativeestate distributionprobateinheritanceguardian
Florida residents searching for a reliable Last Will and Testament template have come to the right place. Our form is tailored to FL statutory requirements and updated for 2026, giving you a legally sound starting point.

How to Complete This Form

Start by gathering all necessary information: party names, addresses, and relevant details specific to your transaction. Florida law under FL requires accuracy in every field. Once completed, have all parties review the document before signing. Depending on the transaction type, Florida may require notarization or witness signatures.

Enforceability in Florida

A Last Will and Testament that meets all FL requirements is fully enforceable in Florida. Courts in Florida have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.

What Florida Attorneys Want You to Know

Practicing lawyers in Florida emphasize three things: accuracy, completeness, and compliance with FL statutes. A well-prepared Last Will and Testament saves time, money, and potential legal headaches down the road. When in doubt, a brief consultation with a Florida-licensed attorney is worth the investment.

FL Compliance Checklist

Before finalizing your Last Will and Testament, verify that it meets Florida's legal standards:
- Full legal names and addresses of all parties
- Clear description of the subject matter
- Consideration or purpose stated explicitly
- Dated and signed by all required parties
- Notarized if mandated by FL statute

FAQ: Last Will and Testament in Florida

Is a Last Will and Testament required in Florida?

Yes, in Florida, a Last Will and Testament is required for most transactions of this type. Under Florida Statute § 732, the document must include all parties' information, be signed, and witnessed by 2 individuals. Failure to use a proper Last Will and Testament may result in legal complications.

Does a Last Will and Testament need to be notarized in Florida?

Notarization requirements in Florida (FL) vary by transaction type. Notary fees in the state typically range from $10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.

What are the tax implications of a Last Will and Testament in Florida?

Florida has a base sales tax rate of 6%. Depending on the type of transaction documented in your Last Will and Testament, additional local taxes may apply. Consult with a Florida tax professional for specific guidance on your situation.

Do I need a lawyer to make a will?

No, you can create a valid will without a lawyer in all 50 states. However, the will must meet your state's requirements for execution, including proper witnesses and, in some states, notarization. A lawyer is recommended for complex estates.

How many witnesses do I need for a will?

Most states require two witnesses who are not beneficiaries of the will. The witnesses must observe you sign the will and then sign it themselves. Some states also accept self-proving affidavits notarized at the time of signing.

Can I change my will after signing it?

Yes, you can change your will at any time by creating a codicil (amendment) or by writing an entirely new will that revokes the previous one. Any changes must meet the same execution requirements as the original will.

Where to File Your Last Will and Testament in Florida

Visit your local County Clerk office to file or notarize your Last Will and Testament.

Miami-Dade County Clerk

Miami

73 W Flagler St, Miami, FL 33130

Orange County Clerk

Orlando

425 N Orange Ave, Orlando, FL 32801

Hillsborough County Clerk

Tampa

601 E Kennedy Blvd, Tampa, FL 33602

Duval County Clerk

Jacksonville

501 W Adams St, Jacksonville, FL 32202

Florida Last Will and Testament Requirements

Review the following requirements to ensure your Last Will and Testament is legally valid in Florida.

Testator must be 18 or older
Testator must be of sound mind
2 witnesses must sign
Notarization recommended
Self-proving affidavit recommended
Personal representative named
Guardian for minors designated
Residuary clause included
Revocation of prior wills stated
2 witnesses must sign

Florida Notarization

Florida requires 2 witnesses and notarization may be mandatory. Fees typically range from $10.

Before You Sign

Review all information carefully. In Florida, a 6% sales tax may apply.

Legal Protection

Keep copies of all signed documents. Florida law requires all parties to receive copies of executed documents.

Florida Filing Deadlines

Check Florida deadlines for filing or recording this document with the appropriate county clerk's office.

Document Information

Document
Last Will and Testament
State
Florida (FL)
Category
Estate Planning
Format
PDF / Word / Print
Cost
100% Free
Sales Tax
6%
Notary Fee
$10

Florida Legal Requirements

Governing Statute:

State Law

  • Consult with a licensed attorney for specific requirements

Legal Disclaimer

This template is for informational purposes only and does not constitute legal advice. Laws in Florida may change. Consult a licensed attorney for advice specific to your situation.