Simple Will - Florida

LAST WILL AND TESTAMENT

OF [TESTATOR FULL LEGAL NAME]

State of Florida – Effective [EFFECTIVE DATE]

TABLE OF CONTENTS

1. DOCUMENT HEADER
2. DEFINITIONS

3. OPERATIVE PROVISIONS
   3.1. Revocation of Prior Wills and Codicils
   3.2. Family Information
   3.3. Appointment of Personal Representative
   3.4. Specific Devises and Bequests
   3.5. Residuary Estate
   3.6. Payment of Debts, Expenses, and Taxes
   3.7. Guardianship of Minor Children
   3.8. Fiduciary Powers
   3.9. Florida Homestead Property
   3.10. Digital Assets
   3.11. No-Contest Provisions (Not Included; Unenforceable Under Florida Law)

4. REPRESENTATIONS & WARRANTIES (Limited)

5. COVENANTS & RESTRICTIONS (Not Applicable)
6. DEFAULT & REMEDIES (Will-Contest Remedy)
7. RISK ALLOCATION
8. DISPUTE RESOLUTION
9. GENERAL PROVISIONS
10. EXECUTION BLOCK
11. ATTESTATION CLAUSE
12. SELF-PROVING AFFIDAVIT (Optional but Recommended)

1. DOCUMENT HEADER

This Last Will and Testament (“Will”) is made on [EFFECTIVE DATE] by [TESTATOR FULL LEGAL NAME], currently residing at [TESTATOR ADDRESS] (“Testator”), who is of sound mind and is either eighteen (18) years of age or older or an emancipated minor, as required by Fla. Stat. § 732.501. Testator declares this instrument to be Testator’s Will, executed with the formalities required by Fla. Stat. § 732.502, and directs that it be admitted to probate in accordance with Florida law.

2. DEFINITIONS

For purposes of this Will, capitalized terms have the meanings set forth below:

“Assets” means all real, personal, tangible, and intangible property owned by Testator at death, wherever situated.

“Child” or “Children” means any biological or legally adopted child of Testator, whether now living or hereafter born or adopted.

“Estate” means the aggregate Assets, wherever located, passing under this Will or by operation of law at Testator’s death.

“Personal Representative” means the individual(s) or corporate fiduciary named in Section 3.3, together with any successor appointed under this Will or by the court.

“Residuary Estate” means all Assets not effectively disposed of under Sections 3.4 or 3.6.

3. OPERATIVE PROVISIONS

3.1 Revocation of Prior Wills and Codicils

All prior wills and codicils executed by Testator are hereby revoked.

3.2 Family Information

Testator is married to [SPOUSE NAME] (the “Spouse”). Testator has the following Children:
• [CHILD 1 NAME], born [DOB]
• [CHILD 2 NAME], born [DOB]

3.3 Appointment of Personal Representative

3.3.1 Primary Appointment. Testator appoints [PRIMARY PERSONAL REPRESENTATIVE NAME] of [ADDRESS] as Personal Representative.
3.3.2 Successor Appointment. If the primary appointee is unable or unwilling to act, Testator appoints [SUCCESSOR PERSONAL REPRESENTATIVE NAME] of [ADDRESS] as successor.
3.3.3 Bond Waiver. No bond or other security shall be required of any Personal Representative, as permitted by Fla. Stat. § 733.402(1); however, the court retains discretion under Fla. Stat. § 733.402(4) to require a bond notwithstanding this waiver.
3.3.4 Executor Indemnity. The Personal Representative shall be indemnified out of the Estate against any claim, liability, or expense incurred in good-faith administration.

3.4 Specific Devises and Bequests

Testator makes the following gifts:
a. To [BENEFICIARY NAME], Testator devises Testator’s residence located at [ADDRESS], subject to any encumbrances. If this residence is Testator’s Florida homestead, this devise is subject to the restrictions described in Section 3.9 (Florida Homestead Property) and may not take effect as written if Testator is survived by a spouse or a minor child.
b. To [BENEFICIARY NAME], Testator bequeaths the sum of $[AMOUNT].

3.5 Residuary Estate

Testator devises the Residuary Estate to [PRIMARY RESIDUARY BENEFICIARY NAME]. If said beneficiary predeceases Testator, the Residuary Estate shall pass per stirpes to Testator’s Children. This residuary disposition is likewise subject to the homestead restrictions described in Section 3.9 with respect to any Florida homestead property not effectively disposed of under Section 3.4.

3.6 Payment of Debts, Expenses, and Taxes

The Personal Representative shall pay out of the Estate Assets all enforceable debts, funeral expenses, administration expenses, and estate taxes, without apportionment among devisees except as otherwise provided by law, including the apportionment provisions of Fla. Stat. § 733.817 where applicable, and subject at all times to the homestead exemption from creditor claims described in Section 3.9.

3.7 Guardianship of Minor Children

Testator nominates [PRIMARY GUARDIAN NAME] as guardian of the person and property of any minor Child. If that individual cannot serve, [SUCCESSOR GUARDIAN NAME] is nominated.

3.8 Fiduciary Powers

The Personal Representative shall have all powers granted under Fla. Stat. §§ 733.607 and 733.612 and any other applicable statutes, including the power to sell, mortgage, or lease personal property of the Estate without court order. In addition, Testator hereby confers on the Personal Representative the specific power, pursuant to Fla. Stat. § 733.613(2), to sell, mortgage, or lease any real property of the Estate (other than protected homestead, which is governed by Section 3.9) without authorization or confirmation of the court.

3.9 Florida Homestead Property

Testator’s homestead, if any, is subject to the devise restrictions of Fla. Const. art. X, § 4(c) and Fla. Stat. § 732.4015. If Testator is survived by a spouse or a minor child, Testator’s homestead may not be devised to any beneficiary named in Section 3.4 or 3.5 other than Testator’s surviving spouse, and then only if Testator is not survived by a minor child; any inconsistent devise of the homestead is void as to the homestead interest. In that event, the homestead shall instead descend as provided in Fla. Stat. § 732.401 — a life estate to the surviving spouse with a vested remainder to Testator’s descendants per stirpes, or, at the surviving spouse’s timely election, an undivided one-half interest in the homestead as a tenant in common with the descendants taking the remaining one-half interest. Protected homestead is also exempt from the claims of Testator’s creditors and is not subject to the Personal Representative’s power of sale under Section 3.8. Testator should identify any Florida homestead property to counsel before execution so that Sections 3.4 and 3.5 can be conformed to this restriction.

3.10 Digital Assets

Pursuant to the Florida Fiduciary Access to Digital Assets Act, Fla. Stat. ch. 740, Testator grants the Personal Representative authority to access, control, manage, and dispose of Testator’s digital assets and electronic communications to the fullest extent permitted by law. For purposes of Fla. Stat. § 740.006, Testator consents to disclosure by any custodian to the Personal Representative of the content of electronic communications sent or received by Testator, in addition to any catalogue of electronic communications and other digital assets in which Testator has a right or interest. This consent does not override any contrary direction Testator has separately given through an online tool offered by a custodian (e.g., a legacy or inactive-account contact designation), to the extent such a tool is available and used.

3.11 No-Contest Provisions

This Will does not contain, and shall not be construed to contain, any provision penalizing or reducing the interest of a beneficiary for contesting this Will or instituting other proceedings relating to the Estate. Any such provision would be void and unenforceable under Fla. Stat. § 732.517, which renders unenforceable a will provision purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate, regardless of whether the contest or proceeding was brought with or without probable cause.

4. REPRESENTATIONS & WARRANTIES (Limited)

Testator represents that all information regarding marital status and Children in Section 3.2 is true and complete. No additional representations or warranties are intended or implied.

5. COVENANTS & RESTRICTIONS

Not applicable to testamentary instruments; intentionally omitted.

6. DEFAULT & REMEDIES — WILL-CONTEST REMEDY

6.1 Injunctive Relief. Any beneficiary seeking to contest this Will shall pursue relief exclusively in the Probate Division of the [COUNTY] Circuit Court, State of Florida, which has exclusive original jurisdiction over such proceedings under Fla. Stat. § 26.012(2)(b). A will contest is an adversary proceeding under Fla. Prob. R. 5.025(a)(6), and no right to a jury trial attaches to it under Florida law; the court may, in its discretion, empanel an advisory jury. See In re Estate of Fanelli, 336 So. 2d 631 (Fla. 2d DCA 1976).
6.2 Enforcement. The Personal Representative is authorized to seek injunctive or declaratory relief to enforce the provisions hereof.
6.3 No Penalty for Contest. Consistent with Section 3.11, no beneficiary forfeits or suffers a reduction of any interest under this Will solely for contesting it or instituting other proceedings relating to the Estate; Fla. Stat. § 732.517 renders any such penalty provision unenforceable.

7. RISK ALLOCATION

7.1 Indemnification. See Section 3.3.4.
7.2 Limitation of Liability. Liability for claims arising from administration of the Estate is limited to the value of Estate Assets.
7.3 Insurance. The Personal Representative is empowered to purchase insurance to protect Estate Assets.

8. DISPUTE RESOLUTION

8.1 Governing Law. This Will shall be construed under the laws of the State of Florida.
8.2 Forum Selection. Exclusive jurisdiction lies with the Probate Division of the [COUNTY] Circuit Court, State of Florida, pursuant to Fla. Stat. § 26.012(2)(b).
8.3 Arbitration. Not applicable.
8.4 Jury Trial. No provision of this Will purports to waive a jury trial right, because none exists to waive: under settled Florida law there is no right to a jury trial in a will contest or other probate adversary proceeding under Fla. Prob. R. 5.025, though the court may in its discretion empanel an advisory jury. See In re Estate of Fanelli, 336 So. 2d 631 (Fla. 2d DCA 1976).

9. GENERAL PROVISIONS

9.1 Severability. If any provision of this Will is held invalid, the remaining provisions shall remain in full force.
9.2 Headings. Headings are for convenience only and shall not affect interpretation.
9.3 Counterparts & Electronic Copies. An executed original of this Will shall control; conformed copies may be relied upon for all non-probate purposes.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, I, [TESTATOR FULL LEGAL NAME], sign my name to this Will on the date first above written, declaring it to be my Last Will and Testament.

_____________________________
[TESTATOR FULL LEGAL NAME], Testator

11. ATTESTATION CLAUSE

Signed, sealed, published, and declared by [TESTATOR FULL LEGAL NAME] as Testator’s Last Will and Testament in our presence, and we, in Testator’s presence and in the presence of each other, have subscribed our names as witnesses on the date above:

1. _____________________________
   [WITNESS #1 NAME]
   [ADDRESS]

2. _____________________________
   [WITNESS #2 NAME]
   [ADDRESS]

12. SELF-PROVING AFFIDAVIT

(Optional – recommended to expedite probate; complies with Fla. Stat. § 732.503)

STATE OF FLORIDA
COUNTY OF [COUNTY]

Before me, the undersigned authority, appeared [TESTATOR NAME], [WITNESS #1 NAME], and [WITNESS #2 NAME], all personally known to me or who have produced satisfactory identification, and all of whom, being duly sworn, did depose and say:

1. Testator executed the foregoing instrument as Testator’s Last Will and Testament.
2. Testator signed voluntarily and was of sound mind at the time of signing.
3. Each witness signed the Will in the presence of the Testator and of each other.

Acknowledged and subscribed before me by means of ☐ physical presence or ☐ online notarization by the Testator on [DATE], and sworn to and subscribed before me by each witness by the same means, all consistent with the statutory form set forth in Fla. Stat. § 732.503.

_____________________________
Notary Public, State of Florida
Name: _______________________
My Commission Expires: _______

(Seal)

END OF DOCUMENT