![]() ![]() Signing Requirements ( § 732.502) – Required to be signed by the principal and two (2) witnesses.However, when the principal dies, the document must be reviewed by the probate court which may result in a lengthy court proceeding and can require additional costs to cover attorney and other court fees. Creating a last will and testament is relatively simple and can be done without expense. Last Will and Testament (‘Will’) – A standard document that explains the principal’s choices regarding the disposition of property. The following documents can be used for this function: This paperwork will serve as legal evidence of the principal’s end-of-life preferences. ![]() Next, the principal will need to draft a document that outlines the manner in which the estate will be administered following their death. Signing Requirements ( § 709.2105) – Must be signed by the principal, two (2) subscribing witnesses, and acknowledged by the principal in the presence of a notary public.Florida residents can legally appoint their health care surrogate by completing the document below.ĭurable (Financial) Power of Attorney Form – Grants an individual the legal capacity to manage the principal’s finances until they regain the ability to handle their affairs. While the powers given to the financial surrogate will vary, the individual can be expected to manage the principal’s real estate, bank accounts, bills, business transactions, and debt collection. The authority granted to the financial surrogate allows the individual to handle the principal’s finances until their capacity is restored. Like the health care surrogate, a financial surrogate will execute the principal’s wishes while they are disabled or lack the capacity to express themselves. All individuals are encouraged to consult an attorney before executing the documents available below. Make a List of Personal Property and Other Assetsįlorida residents should follow this checklist to inform themselves on how they can prepare their estate for death, and to protect their health and financial interests should they become incapacitated and unable to communicate.How to Create an Estate Plan in Florida (6 steps) To dictate how one’s assets will be administered, the principal can create an estate distribution document such as a Last Will and Testament or a Living Trust (Revocable). Selecting these surrogates can be achieved by completing a Durable Power of Attorney for Health Care and a Durable (Financial) Power of Attorney Form. The owner of the estate, referred to in this checklist as the “principal,” can appoint surrogates to handle their affairs and make decisions on their behalf should they become incapacitated. A Florida estate planning checklist is a guide providing helpful information for those wishing to ensure the security of their well-being and prepare their assets for distribution after death. ![]()
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