What Is a Florida Tangible Personal Property List?
Florida allows a will to refer to a separate written statement or list that disposes of tangible personal property. The list must be signed by the testator and must describe the items and the recipients with reasonable certainty. It cannot dispose of property used in a trade or business, and it reaches only items not otherwise specifically disposed of by the will.
Many estates include furniture, jewelry, keepsakes, and other personal belongings that change over time. Rather than rewriting the will each time those items change, Florida permits a separate writing that the will itself refers to. That writing may dispose of tangible personal property other than property used in a trade or business, so long as the will has not already specifically disposed of the same items.
To be admitted as evidence of the intended gifts, the writing must be signed by the testator and must describe the items and the devisees with reasonable certainty. The writing may be prepared before or after the will is signed, may be altered later, and may have no purpose apart from directing those gifts. If more than one effective writing exists, the most recent writing controls to the extent the writings conflict.
A tangible personal property list is part of the estate plan alongside the will itself, which is explained in what a will is. How Florida wills operate more broadly is covered in how wills work in Florida. The custodian rules for producing a will after death also treat a qualifying separate writing as part of what must be deposited with the clerk.
This post is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. A licensed attorney in the relevant jurisdiction should be consulted for advice tailored to specific circumstances.
References
News
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