Stand Alone Will
A Stand Alone Will, often just referred to as a "Will", is a legal document that expresses a person's wishes as to how their property should be distributed at death. In Florida, as with many states, there are specific requirements and provisions to ensure the validity of a will. Here's what's typically included in a Stand Alone Will in the state of Florida:
Declaration: The document will often start with a declaration by the testator (person creating the will) that this is their will, they are of legal age (at least 18), and of sound mind.
Revocation of Previous Wills: A statement that any prior wills and codicils (amendments to previous wills) are revoked.
Distribution of Property: This is the core of the will where the testator specifies how their assets and property should be distributed upon their death. This can include real estate, bank accounts, personal property, and other assets.
Guardianship: If the testator has minor children, the will should designate a guardian for those children in the event of the testator's death.
Executor Appointment: The will should name a personal representative, often known as an executor in other states, who will be responsible for carrying out the wishes laid out in the will, paying any debts or taxes, and overseeing the distribution of assets.
Alternate Executor: It's often recommended to name an alternate personal representative in case the first choice is unable or unwilling to serve.
Waiver of Bond: In Florida, a personal representative is typically required to post a bond. However, this requirement can be waived in the will.
Burial and Funeral Wishes: Some people include specifics about their burial, cremation, funeral service, or other post-death wishes.
Attestation Clause: A statement that the will complies with Florida requirements.
Signatures: The testator must sign the will at the end. Florida law requires that the signing be witnessed by two individuals, who also sign the will in the presence of the testator and each other.
Self-Proving Affidavit: While not a requirement, Florida recognizes "self-proving" wills. This means that if the testator and witnesses sign an affidavit before a notary public, the will can be admitted to probate without the need to locate the signing witnesses.
Miscellaneous Provisions: Depending on the testator's individual circumstances, other provisions might be included, such as specific bequests to charities, provisions for pets, or establishing trusts upon death.
A Stand Alone Will, often just referred to as a "Will", is a legal document that expresses a person's wishes as to how their property should be distributed at death. In Florida, as with many states, there are specific requirements and provisions to ensure the validity of a will. Here's what's typically included in a Stand Alone Will in the state of Florida:
Declaration: The document will often start with a declaration by the testator (person creating the will) that this is their will, they are of legal age (at least 18), and of sound mind.
Revocation of Previous Wills: A statement that any prior wills and codicils (amendments to previous wills) are revoked.
Distribution of Property: This is the core of the will where the testator specifies how their assets and property should be distributed upon their death. This can include real estate, bank accounts, personal property, and other assets.
Guardianship: If the testator has minor children, the will should designate a guardian for those children in the event of the testator's death.
Executor Appointment: The will should name a personal representative, often known as an executor in other states, who will be responsible for carrying out the wishes laid out in the will, paying any debts or taxes, and overseeing the distribution of assets.
Alternate Executor: It's often recommended to name an alternate personal representative in case the first choice is unable or unwilling to serve.
Waiver of Bond: In Florida, a personal representative is typically required to post a bond. However, this requirement can be waived in the will.
Burial and Funeral Wishes: Some people include specifics about their burial, cremation, funeral service, or other post-death wishes.
Attestation Clause: A statement that the will complies with Florida requirements.
Signatures: The testator must sign the will at the end. Florida law requires that the signing be witnessed by two individuals, who also sign the will in the presence of the testator and each other.
Self-Proving Affidavit: While not a requirement, Florida recognizes "self-proving" wills. This means that if the testator and witnesses sign an affidavit before a notary public, the will can be admitted to probate without the need to locate the signing witnesses.
Miscellaneous Provisions: Depending on the testator's individual circumstances, other provisions might be included, such as specific bequests to charities, provisions for pets, or establishing trusts upon death.
A Stand Alone Will, often just referred to as a "Will", is a legal document that expresses a person's wishes as to how their property should be distributed at death. In Florida, as with many states, there are specific requirements and provisions to ensure the validity of a will. Here's what's typically included in a Stand Alone Will in the state of Florida:
Declaration: The document will often start with a declaration by the testator (person creating the will) that this is their will, they are of legal age (at least 18), and of sound mind.
Revocation of Previous Wills: A statement that any prior wills and codicils (amendments to previous wills) are revoked.
Distribution of Property: This is the core of the will where the testator specifies how their assets and property should be distributed upon their death. This can include real estate, bank accounts, personal property, and other assets.
Guardianship: If the testator has minor children, the will should designate a guardian for those children in the event of the testator's death.
Executor Appointment: The will should name a personal representative, often known as an executor in other states, who will be responsible for carrying out the wishes laid out in the will, paying any debts or taxes, and overseeing the distribution of assets.
Alternate Executor: It's often recommended to name an alternate personal representative in case the first choice is unable or unwilling to serve.
Waiver of Bond: In Florida, a personal representative is typically required to post a bond. However, this requirement can be waived in the will.
Burial and Funeral Wishes: Some people include specifics about their burial, cremation, funeral service, or other post-death wishes.
Attestation Clause: A statement that the will complies with Florida requirements.
Signatures: The testator must sign the will at the end. Florida law requires that the signing be witnessed by two individuals, who also sign the will in the presence of the testator and each other.
Self-Proving Affidavit: While not a requirement, Florida recognizes "self-proving" wills. This means that if the testator and witnesses sign an affidavit before a notary public, the will can be admitted to probate without the need to locate the signing witnesses.
Miscellaneous Provisions: Depending on the testator's individual circumstances, other provisions might be included, such as specific bequests to charities, provisions for pets, or establishing trusts upon death.
While the above provides an overview, it's essential to work with a Florida attorney who can ensure that the will meets all state-specific requirements and that it accurately reflects the testator's wishes.