Florida Last Will and Testament

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Florida Last Will and Testament

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Last updated April 14th, 2026

A Florida last will and testament allows an individual to specify how their assets and property will be distributed after their death. The document will state what each beneficiary will receive, any special bequests, and name a personal representative to oversee the estate’s administration.

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A Florida last will and testament allows an individual to specify how their assets and property will be distributed after their death. The document will state what each beneficiary will receive, any special bequests, and name a personal representative to oversee the estate’s administration.

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State Laws

  • Minimum Age – 18 (or an emancipated minor)[1]
  • Signing Requirements – The testator and two witnesses.[2]
  • How to Revoke – Executing a new will, canceling it in writing, or destroying it.[3]

Probate in Florida

Petition for Formal Administration

Any interested person in the estate may file a Petition for Formal Administration with the circuit court in the county where the decedent lived.[4] An attorney is required unless the personal representative is the only person with an interest in the estate.[5] A resident agent must be appointed if the personal representative is neither a corporate fiduciary nor a member of the Florida Bar.[6]

The personal representative must serve a Notice to Creditors to all known creditors, and the notice must be published for two consecutive weeks in a local newspaper, and then file a Proof of Service with the court.[7] The death certificate must be filed within three months of publication. The personal representative may need to post a bond for the estate.[8]

The personal representative will be issued an Order Admitting Will to Probate (SAMPLE), and, after they have filed an oath of office and posted bond (if required), will be given Letters of Administration (SAMPLE), authorizing them to administer the estate. Once the decedent’s assets and property have been collected, an Estate Inventory (SAMPLE) must be filed with the court and served on the decedent’s spouse and beneficiaries within 60 days of receiving Letters.[9]

Small Estates

If the estate doesn’t exceed the cost of the funeral and medical expenses (excluding any exempt property or homestead) for the final 60 days, probate can be avoided by filing a Disposition of Personal Property without Administration.[10] 

A Petition for Summary Administration can be filed to expedite the probate process if the estate is valued at no more than $75,000, or the decedent has been deceased for two or more years.[11]

Sources

  1. § 732.501
  2. § 732.502
  3. §§ 732.505, 732.506
  4. § 733.101
  5. Rule 5.030
  6. Rule 5.110
  7. § 733.2121
  8. § 733.402
  9. Rule 5.340
  10. § 735.301
  11. § 735.203