Free Florida Last Will and Testament
Build a complete Florida will in minutes — free, no account. Fill in your details and download a ready-to-sign PDF with the protective clauses built in and Florida's correct signing requirements.
A free, ready-to-sign will — but not legal advice.
This builds a complete Florida will with the protective clauses most templates skip (survivorship period, residuary, minor's trust, executor powers). It becomes legally valid only when you sign it correctly (see the signing steps below). For a large or blended estate, have an attorney review it. RecordingLaw.com is not a law firm.
About you
Children
Name all your children, even any you are not leaving anything to — naming them prevents an 'omitted child' claim.
Who inherits everything else (your residuary estate)
The catch-all gift of everything not specifically given. Shares should total 100%.
Specific gifts (optional)
Particular items or sums to particular people.
Executor (the person who carries out your will)
Options
Naming them states the omission is intentional. Note: you generally cannot fully disinherit a spouse (see the warnings).
Before you sign — Florida notes
Choose 2 witnesses who are adults and who do NOT inherit under this Will. A beneficiary (or a beneficiary's spouse) should never witness your Will.
Add at least one residuary beneficiary with a share above 0%. Without a residuary gift, everything not specifically given would pass by intestacy (state default rules), defeating the point of the Will.
To make this Will valid in Florida: In Florida, the testator (18+ or emancipated, of sound mind) signs the will at the end. The signing or the testator's acknowledgment must occur in the presence of at least two attesting witnesses, and both witnesses must then sign the will in the presence of the testator AND in the presence of each other. Florida does not allow holographic wills. To avoid having to locate witnesses at probate, add the § 732.503 self-proving affidavit/acknowledgment, signed by the testator and both witnesses before a notary, which may be done at signing or later.
This is a do-it-yourself Will for a straightforward estate. If you have a large or blended estate, business interests, tax concerns, a special-needs beneficiary, or want to disinherit close family, have an attorney review it. This is not legal advice and RecordingLaw.com is not a law firm.
Or email yourself a copy (PDF)
Last Will and Testament of [YOUR FULL NAME]
ARTICLE I — DECLARATION
I, [YOUR FULL NAME], a resident of [CITY], [COUNTY] County, Florida, being of full legal age to make a will and of sound mind and memory, declare this to be my Last Will and Testament, and I revoke all wills and codicils I have previously made.
ARTICLE II — FAMILY
I am not married.
If I have not named or provided for a child or other descendant in this Will, that omission is intentional and not the result of accident or mistake.
ARTICLE III — PAYMENT OF DEBTS, EXPENSES, AND TAXES
I direct my Executor to pay my legally enforceable debts, the expenses of my last illness and funeral, the costs of administering my estate, and any estate or inheritance taxes payable by reason of my death, out of the residue of my estate, without apportionment.
ARTICLE IV — TANGIBLE PERSONAL PROPERTY
I give my tangible personal property (household goods, furniture, vehicles, jewelry, collections, and personal effects not otherwise specifically given) to my residuary beneficiaries as they agree, or as my Executor determines if they cannot agree.
I may leave a separate written memorandum, signed and dated by me, disposing of items of tangible personal property. Florida law allows such a memorandum to be given effect, and I direct my Executor to honor the most recent such memorandum I leave.
ARTICLE V — RESIDUARY ESTATE
I give all the rest, residue, and remainder of my estate to [RESIDUARY BENEFICIARY].
If no beneficiary named in this article survives me, my residuary estate shall pass to my heirs at law under the intestacy laws of my state.
ARTICLE VI — SURVIVORSHIP
Except as otherwise provided, a beneficiary must survive me by 30 days to receive any gift under this Will. A beneficiary who does not survive me by 30 days shall be treated as having predeceased me. This protects my estate from passing through the estate of a beneficiary who dies shortly after me.
ARTICLE VII — APPOINTMENT OF EXECUTOR
I nominate [EXECUTOR NAME] as Executor of this Will.
I direct that my Executor serve without bond and, to the fullest extent allowed by law, without court supervision (independent administration). My Executor shall have all powers granted to executors and personal representatives under the law of my state, including the power to sell, lease, invest, and distribute estate property, to pay debts and taxes, and to settle claims, all without prior court approval, as my Executor deems to be in the best interest of my estate.
ARTICLE VIII — DIGITAL ASSETS
I authorize my Executor to access, manage, distribute, and dispose of my digital assets and electronic communications, and to act as my fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Act (or its equivalent in my state), with full authority to consent to a custodian's disclosure of the content and records of my electronic communications and accounts.
ARTICLE IX — SIMULTANEOUS DEATH
If any beneficiary and I die under circumstances in which the order of our deaths cannot be established, that beneficiary shall be deemed to have predeceased me. If my spouse and I die under such circumstances, my spouse shall be deemed to have predeceased me.
ARTICLE X — GENERAL PROVISIONS
This Will shall be governed by the laws of the State of Florida.
If any provision of this Will is held invalid, the remaining provisions shall remain in full effect. Words of one gender include the other, and the singular includes the plural, as the context requires. The headings are for convenience only and do not affect the meaning of this Will.
EXECUTION
IN WITNESS WHEREOF, I sign this Will, consisting of the foregoing pages, on this _____ day of ____________, 20____, at [CITY], Florida.
____________________________________
[YOUR FULL NAME], Testator
ATTESTATION — The foregoing instrument was signed by the Testator and declared to be the Testator's Will in our presence, and we, at the Testator's request and in the Testator's presence and in the presence of each other, sign below as witnesses, believing the Testator to be of sound mind and under no constraint or undue influence.
Witness 1: ____________________________ Address: ____________________________
Witness 2: ____________________________ Address: ____________________________
SELF-PROVING AFFIDAVIT (Fla. Stat. § 732.503) — sign this part before a notary to make probate easier:
TESTATOR'S ACKNOWLEDGMENT: "I, [TESTATOR NAME], declare to the officer taking my acknowledgment of this instrument, and to the subscribing witnesses, that I signed this instrument as my will."
[Testator signature: ____________]
WITNESSES' AFFIDAVIT: "We, [WITNESS 1 NAME] and [WITNESS 2 NAME], have been sworn by the officer signing below, and declare to that officer on our oaths that the testator declared the instrument to be the testator's will and signed it in our presence and that we each signed the instrument as a witness in the presence of the testator and of each other."
[Witness signatures: ____________ / ____________]
OFFICER'S CERTIFICATE: "Acknowledged and subscribed before me by means of [ ] physical presence or [ ] online notarization by the testator, [TESTATOR NAME], who is personally known to me or who has produced [TYPE OF IDENTIFICATION] as identification, and sworn to and subscribed before me by the witnesses, [WITNESS 1 NAME], who is personally known to me or who has produced [TYPE OF IDENTIFICATION] as identification, and [WITNESS 2 NAME], who is personally known to me or who has produced [TYPE OF IDENTIFICATION] as identification, and subscribed by me in the presence of the testator and the subscribing witnesses, all on [DATE]."
[Signature of Officer] ____________ (Official capacity) [Affix Official Seal]
How to Sign Your Will in Florida
In Florida, the testator (18+ or emancipated, of sound mind) signs the will at the end. The signing or the testator's acknowledgment must occur in the presence of at least two attesting witnesses, and both witnesses must then sign the will in the presence of the testator AND in the presence of each other. Florida does not allow holographic wills. To avoid having to locate witnesses at probate, add the § 732.503 self-proving affidavit/acknowledgment, signed by the testator and both witnesses before a notary, which may be done at signing or later.
Florida requires 2 witnesses: Two attesting witnesses; the testator must sign (or acknowledge a prior signature/the will) in the presence of at least two attesting witnesses, and the witnesses must sign the will in the presence of the testator AND in the presence of each other. This strict simultaneous-presence rule is mandatory in Florida.. Your will does not need to be notarized to be valid. Sign the self-proving affidavit (Fla. Stat. § 732.503) before a notary so your witnesses won't have to testify in probate.
Can You Disinherit a Spouse in Florida?
You CANNOT fully disinherit a spouse. A surviving spouse may elect to take an elective share equal to 30% of the elective estate (a broad 'augmented estate' that reaches probate assets plus many nonprobate transfers such as revocable-trust property, POD/TOD accounts, and certain joint property). Flat 30% — not a UPC sliding scale by marriage length. A spouse can also claim homestead and exempt-property/family-allowance rights.
No-contest clauses: Florida does NOT enforce no-contest (in terrorem) clauses in wills. A provision penalizing an interested person for contesting the will or instituting other proceedings is VOID and given no effect, regardless of probable cause. The parallel trust rule is § 736.1108. The generator should NOT insert a no-contest clause for Florida.
Frequently Asked Questions
Is a will made online valid in Florida?
Yes, if you sign it correctly. Florida requires 2 witnesses. The document this tool creates is a standard typed will; it becomes legally valid when you sign it following the steps above.
Does my Florida will need to be notarized?
No. Florida does not require your will to be notarized. Notarizing the separate self-proving affidavit is optional but makes probate easier.
How many witnesses does a Florida will need?
2 witnesses. Two attesting witnesses; the testator must sign (or acknowledge a prior signature/the will) in the presence of at least two attesting witnesses, and the witnesses must sign the will in the presence of the testator AND in the presence of each other. This strict simultaneous-presence rule is mandatory in Florida. They should be adults who do not inherit under the will.
Can I leave my spouse out of my Florida will?
You CANNOT fully disinherit a spouse. A surviving spouse may elect to take an elective share equal to 30% of the elective estate (a broad 'augmented estate' that reaches probate assets plus many nonprobate transfers such as revocable-trust property, POD/TOD accounts, and certain joint property). Flat 30% — not a UPC sliding scale by marriage length. A spouse can also claim homestead and exempt-property/family-allowance rights.
Is this really free?
Yes. The generator is free, requires no account, and runs in your browser — your answers are not sent to a server. It is not legal advice and RecordingLaw.com is not a law firm.
Disclaimer
This generator produces a general-purpose will for a straightforward estate and is not legal advice or a substitute for an attorney. Will and probate law changes; the Florida requirements here are current as of 2026-06-03. A will is only valid if signed and witnessed correctly. For a large, blended, or complex estate, tax planning, a special-needs beneficiary, or to disinherit close family, consult a Florida estate-planning attorney. RecordingLaw.com is not a law firm.
Know someone who could use this? Share this free tool: