Florida Will Instructions

Florida Last Will and Testament Form

Last Will and Testament of

BE IT KNOWN THIS DAY THAT,

I, , of County, Florida, being of legal age and of sound and disposing mind and memory, and not acting under duress, menace, fraud, or undue influence of any person, do make, declare and publish this to be my Will and hereby revoke any Will or Codicil I may have made.

ARTICLE ONE

Marriage and Children

I was married to , now deceased, and have the following adult children from a said marriage:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

ARTICLE TWO

Debts and Expenses

I direct my Personal Representative to pay all costs and expenses of my last illness and funeral expenses. I further direct my Personal Representative to pay all of my just debts that may be probated, registered and allowed against my estate. However, this provision shall not extend the statute of limitations for the payment of debts, or enlarge upon my legal obligation or any statutory duty of my Personal Representative to pay debts.

ARTICLE THREE

Specific Bequests of Real and/or Personal Property

I will, give and bequeath unto the persons named below, if he or she survives me, the property described below:

If no property is left under this article, enter:

ARTICLE FOUR

Homestead or Primary Residence

I will, devise and bequeath all my interest in my homestead or primary residence, if I own a homestead or primary residence on the date of my death that passes through this Will, to my child(ren), .

ARTICLE FIVE

All Remaining Property – Residuary Clause

I will, devise, bequeath and give all the rest and remainder of my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of, to my child(ren), .

ARTICLE SIX

Appointment of Personal Representative, Executor or Executrix

I hereby appoint , as Personal Representative of my estate and this Will.

In the event my Personal Representative shall predecease me, or, for any reason, shall fail to qualify or cease to act as my Personal Representative, then I hereby appoint to serve as successor Personal Representative of my estate and Will.

ARTICLE SEVEN

Waiver of Bond, Inventory, Accounting, Reporting and Approval

My Personal Representative and successor Personal Representative shall serve without any bond, and I hereby waive the necessity of preparing or filing any inventory, accounting, appraisal, reporting, approvals or final appraisement of my estate.

ARTICLE EIGHT

Powers of Personal Representative, Executor and Executrix

I direct that my Personal Representative shall have broad discretion in the administration of my Estate, without the necessity of Court approval.

I grant unto my Personal Representative all powers that are allowed to be exercised by Personal Representatives by the laws of the State of Florida and to the extent not prohibited by the laws of Florida, the following additional powers:

1. To exercise all of the powers, rights and discretions granted by virtue of any "Uniform Trustees' Powers Law," and/or “Probate Code” adopted by the State of Florida.

2. To compromise claims and to abandon property which, in my Executor’s opinion is of little or no value.

3. To purchase or otherwise acquire and to retain any and all stocks, bonds, notes or other securities, or shares or interests in investment trusts and common trust funds, or in any other property, real, personal or mixed.

4. To settle, adjust, dissolve, wind up or continue any partnership or other entity in which I may own a partnership or equity interest at the time of my death.

5. To lease, sell, or offer on a lease purchase, any real or personal property for such time and upon such terms and conditions as may be deemed advisable.

6. To sell, exchange, assign, transfer and convey any security or property, real or personal, held in my estate.

7. To pay all necessary expenses of administering the estate and any trust including taxes, trustees' fees, fees for the services of accountants, agents and attorneys.

8. Unless otherwise specifically provided, to make distributions in cash or in specific property, real or personal, or in an undivided interest therein.

9. To determine what is principal and what is income with respect to all receipts and disbursements.

10. To participate in any plan of reorganization, consolidation, dissolution, redemption, or similar proceedings involving assets comprising my estate or any trust created hereunder.

11. To perform such acts and exercise such rights and privileges in respect to any property, as if she or he were the absolute owner thereof.

12. To compromise, settle or adjust any claim or demand by or against my estate, or any trust.

13. To borrow money from such source or sources and upon such terms and conditions as my Personal Representative shall determine.

ARTICLE NINE

Construction Intentions

1. The masculine gender shall be deemed to include the feminine as well as the neuter, and vice versa; the singular shall be deemed to include the plural, and vice versa.

2. The term “testator” as used herein is deemed to include me as Testator or Testatrix.

3. This Will is not a result of a contract between myself and any beneficiary, fiduciary or third party and I may revoke this Will at any time.

4. If any part of this Will shall be declared invalid, illegal, or inoperative for any reason, it is my expressed intent that the remaining parts shall be effective and fully operative.

ARTICLE TEN

Misc. Provisions

I direct that this Will and the construction thereof shall be governed by the Laws of the State of Florida.

If any person named herein is indebted to me at the time of my death and such indebtedness be evidenced by a valid Promissory Note payable to me, then such person’s portion of my estate shall be diminished by the amount of such debt.

Any and all debts of my estate shall first be paid from my residuary estate. Any debts on any real property left herein shall be assumed by the person to receive such real property and not paid by my Personal Representative.

I desire to be buried in the cemetery in County, .

I direct that my remains be cremated and that the ashes be disposed of according to the wishes of my Executor.

I, , having signed this Will in the presence of and who attested it at my request on this the day of , 20 at , declare this to be my Last Will and Testament.

Witnesses

SELF-PROVING AFFIDAVIT

STATE OF FLORIDA

COUNTY OF

We, , , and the testator/testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, having been sworn, declared to the undersigned officer that the testator/testatrix, in the presence of witnesses, signed the instrument as the testator's/testatrix's last Will, that the testator/testatrix signed the Will, and that each of the witnesses, in the presence of the testator/testatrix and in the presence of each other, signed the Will as a witness.

Subscribed and sworn to before me by , the testator/testatrix who is personally known to me or who has produced as identification, and by , a witness who is personally known to me or who has produced as identification, and by , a witness who is personally known to me or who has produced as identification, on the day of , 20.

(Signature of Notary Public)

(Print, type, or stamp commissioned name of Notary Public)

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