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Florida Wills

Laws concerning Florida Wills are found in Title XLII of the Florida Statutes.  LegacyWriter's online questionnaire can be used to create a valid Florida Will that meet these criteria.

Who Can Make a Will?

A person must meet the following criteria to create a Florida Last Will and Testament:

  • Be at least 18 years old, or be a legally emancipated minor.
  • Be of sound mind.

Florida Estate Taxes

Currently Florida has a "pick-up" tax.  With a pick-up tax you only pay Florida Estate Taxes if you have to file a United States Estate Tax Return (IRS Form 706).  As you fill out the IRS form, it will inform you how much you owe the state of Florida; this amount will be deducted from what you owe the federal government.

For 2005 the minimum filing requirement for Federal Estate Taxes is $1.5 million, and this rises to $2 million in 2006.

Probate: Florida courts and your Last Will

Probate has come to be known as the legal process where a deceased person's estate is administered and distributed.  Probate fees mainly consist of the cost of hiring a probate attorney.  For a simple Florida Will and estate probate fees are generally reasonable.

Florida has had probate laws since becoming a state in 1845.

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