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Key Facts: FL Wills, Trusts & Estates Specialist Exam

30%

Florida elective share of the elective estate (Fla. Stat. 732.2065)

Florida Statutes 732.2065

2 witnesses

Attesting witnesses required to execute a Florida will (Fla. Stat. 732.502)

Florida Statutes 732.502

$15 million

2026 federal estate and gift tax exemption per person

IRS 2026 inflation adjustments (One Big Beautiful Bill Act)

$75,000

Estate value ceiling for Florida summary administration (Fla. Stat. 735.201)

Florida Statutes 735.201

2 years

Absolute nonclaim bar for claims against a Florida estate (Fla. Stat. 733.710)

Florida Statutes 733.710

100+

Free practice questions in this question bank

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Florida Bar Board Certification in Wills, Trusts and Estates requires 5+ years of Florida Bar membership, at least 25% of practice in the specialty for 5 years, task and CLE requirements, peer review, and passing a roughly 6-hour written exam (essay plus multiple-choice). Fees are a $250 application plus a $150 exam fee. The exam tests will execution (Fla. Stat. 732.502), intestacy (732.102-732.103), the Florida Trust Code (ch. 736) including trustee duties of loyalty (736.0802), prudence (518.11), and information/accounting (736.0813), probate administration (ch. 733, 735) including creditor nonclaim bars (733.702, 733.710), constitutional homestead (Art. X, s.4) and its devise/descent restrictions (732.401), the 30% elective share (732.2065) over a broad elective estate (732.2035), guardianship (ch. 744), and federal estate, gift, and GST tax (2026 exemption $15M, annual exclusion $19,000, marital deduction, portability). Florida imposes no state estate or inheritance tax.

Sample FL Wills, Trusts & Estates Specialist Practice Questions

Try these sample questions to review concepts for the FL Wills, Trusts & Estates Specialist exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 200+ question experience with AI tutoring.

1Maria, a 70-year-old Florida resident, signs her typed will at the end. Two witnesses are present in the same room and watch her sign. Both witnesses then sign the will, but only in Maria's presence and not in the presence of each other. Is the will validly executed under Florida law?

A.No, because under section 732.502 the attesting witnesses must sign in the presence of the testator AND in the presence of each other

B.Yes, because Florida recognizes holographic wills that need no witnesses

C.No, because Florida requires three attesting witnesses for a typed will

D.Yes, because the witnesses signed in the testator's presence, which is all Florida requires

Explanation: Under Fla. Stat. 732.502(1), the testator must sign at the end (or acknowledge a prior signature) in the presence of at least two attesting witnesses, and the witnesses must sign the will in the presence of the testator AND in the presence of each other. Failure of the witnesses to sign in each other's presence is a fatal execution defect; Florida requires strict compliance.

2A Florida testator handwrites his entire will, signs it at the end, and has two witnesses properly attest it in compliance with section 732.502. The document is otherwise valid. How does Florida law treat this instrument?

A.It is a valid holographic will exempt from the witness requirement

B.It is a valid will and is NOT treated as a holographic will because it met the standard execution formalities

C.It is valid only if recorded with the clerk of court before death

D.It is void because Florida prohibits handwritten wills entirely

Explanation: Fla. Stat. 732.502(2) states that a will in the testator's handwriting that is executed with the standard formalities (signature plus two attesting witnesses) is NOT a holographic will. The key point is that Florida does not honor holographic wills as such; a handwritten will is valid only when it meets the same formalities as a typed will, which this one did.

3Harold dies intestate domiciled in Florida. He is survived by his wife Ellen and by two children, both of whom are also Ellen's children. Neither Harold nor Ellen has any other descendants. Under the current Florida intestacy statute, what share does Ellen receive?

A.One-half of the intestate estate, with the children taking the other half

B.The first $60,000 plus one-half of the balance of the intestate estate

C.The entire intestate estate

D.A life estate in the homestead and one-third of the personal property

Explanation: Under Fla. Stat. 732.102(1)(b), when all of the decedent's surviving descendants are also descendants of the surviving spouse AND the surviving spouse has no other descendants, the surviving spouse takes the ENTIRE intestate estate. The older $60,000-plus-half rule was repealed effective 2011.

4Gloria dies intestate in Florida survived by her husband Tom and by one child from a prior relationship who is not Tom's child. Under Fla. Stat. 732.102, what does Tom receive?

A.The first $60,000 plus one-half of the balance

B.Nothing, because the child takes to the exclusion of a stepparent's spouse

C.The entire intestate estate

D.One-half of the intestate estate

Explanation: Under Fla. Stat. 732.102(1)(c), if one or more of the decedent's surviving descendants is NOT a lineal descendant of the surviving spouse, the surviving spouse receives one-half of the intestate estate and the descendants take the other half per 732.103. The non-shared child triggers the one-half rule.

5A Florida decedent dies intestate with no surviving spouse and no descendants. He is survived by his mother and father, both living. Under Fla. Stat. 732.103, who inherits the estate?

A.The decedent's mother and father equally, or the survivor of them

B.The decedent's siblings, because parents are not heirs in Florida

C.The decedent's paternal and maternal grandparents per stirpes

D.The estate escheats to the State of Florida

Explanation: Fla. Stat. 732.103(2) provides that when there is no surviving spouse and no descendant, the intestate estate descends to the decedent's father and mother equally, or to the survivor of them. Siblings inherit only if no parent survives (732.103(3)).

6Robert executes a valid Florida will leaving everything to his brother. Two years later Robert marries Susan and dies without changing his will. There is no prenuptial or postnuptial agreement, and Robert made no provision for Susan. What is Susan's remedy under Florida law?

A.Susan receives nothing because the will predates the marriage and remains valid

B.Susan, as a pretermitted spouse under section 732.301, receives the intestate share she would have taken had Robert died intestate

C.Susan must contest the will for undue influence to recover anything

D.Susan automatically receives the entire estate as the surviving spouse

Explanation: Under Fla. Stat. 732.301, when a person marries after making a will and the spouse survives, the pretermitted spouse receives a share equal to what she would have received under intestacy, unless provision was made for the spouse, the spouse was provided for or waived rights in a pre/postnuptial agreement, or the will discloses an intent not to provide for the spouse. None of those exceptions applies, so Susan takes an intestate share.

7A Florida testator's will, executed before the birth of his daughter Anna, leaves his entire estate to a charity and makes no mention of children. Anna is born after the will is executed and receives no advancement. The will shows no intent to omit after-born children. What is Anna entitled to?

A.Only the homestead, which cannot be devised away from a minor child

B.Nothing, because a parent may freely disinherit a child in Florida

C.A pretermitted child's share equal to what she would have received in intestacy under section 732.302

D.One-half of the estate as a forced heir

Explanation: Under Fla. Stat. 732.302, a child born or adopted after the will is made who is not provided for and did not receive an equivalent advancement takes a share equal to the intestate share, unless the will provided for the child, the omission was intentional, or the testator devised substantially all of the estate to the other parent of the child. Anna is a pretermitted child.

8Under Florida law, what is the minimum age and capacity requirement for a person to make a valid will?

A.Must be at least 18 and have no felony convictions

B.Any age is acceptable as long as two witnesses attest

C.Must be at least 21 years of age and of sound mind

D.Must be at least 18 years of age (or an emancipated minor) and of sound mind

Explanation: Under Fla. Stat. 732.501, any person who is of sound mind and is either 18 or more years of age or an emancipated minor may make a will. Testamentary capacity (sound mind) plus the age/emancipation requirement are the threshold conditions.

9A Florida will contains a self-proving affidavit signed by the testator and two witnesses before a notary at the time of execution. What is the principal legal effect of a self-proving affidavit under Fla. Stat. 732.503?

A.It allows the will to be admitted to probate without the testimony or appearance of the witnesses

B.It extends the time to contest the will from three months to two years

C.It converts the will into a holographic will exempt from witness requirements

D.It makes the will valid even if only one witness signed the will itself

Explanation: Under Fla. Stat. 732.503, a self-proving affidavit executed before a notary lets the will be admitted to probate without requiring the attesting witnesses to appear or testify about due execution. It streamlines probate proof; it does not change the substantive validity requirements.

10A Florida testator wants to revoke her existing will. Which method is effective to revoke a will by act under Fla. Stat. 732.506?

A.Telling two friends orally that the will is revoked

B.Burning, tearing, canceling, defacing, obliterating, or destroying the will with the intent to revoke

C.Writing 'revoked' on an unrelated piece of paper kept with the will

D.Simply executing a new beneficiary designation on a life insurance policy

Explanation: Under Fla. Stat. 732.506, a will may be revoked by act when the testator (or another person in the testator's presence and at the testator's direction) burns, tears, cancels, defaces, obliterates, or destroys the will with the intent and for the purpose of revocation. A will may also be revoked by a subsequent writing (732.505).

About the FL Wills, Trusts & Estates Specialist Exam

The Florida Bar Board Certification in Wills, Trusts and Estates recognizes Florida attorneys with substantial, demonstrated expertise in estate planning, probate, trust administration, and related tax matters. Certification requires at least 5 years of Florida Bar membership, substantial involvement (at least 25% of practice) in the field for the preceding 5 years, satisfaction of task and continuing-legal-education requirements, favorable peer review, and passing a written examination (approximately 6 hours) that combines essay questions and multiple-choice. The exam tests the Florida Probate Code (chapters 731-735), the Florida Trust Code (chapter 736), constitutional homestead (Article X, Section 4), the elective share, guardianship (chapter 744), fiduciary duties, and federal estate, gift, and generation-skipping transfer tax. This free OpenExamPrep bank provides 100 practice questions with detailed, statute-cited explanations.

Exam sponsor: The Florida Bar Board of Legal Specialization and Education. The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Question count not published by the exam provider

Time Limit

Approximately 6 hours (written exam)

Passing Score

Set per area (commonly approximately 70%)

Exam / Certification Fees

$250 application + $150 exam

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Official sources

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

18%

Wills, Execution & Intestacy

Execution formalities under Fla. Stat. 732.502 (signature plus two attesting witnesses signing in the presence of the testator and each other; no holographic wills), testamentary capacity and age (732.501), revocation by writing or act (732.505-732.506), self-proving affidavits (732.503), separate writing for tangible personal property (732.515), divorce revocation (732.507), intestate succession (732.102-732.103), pretermitted spouse and child (732.301-732.302), anti-lapse (732.603), the slayer statute (732.802), ademption, and undue-influence presumptions (Carpenter; 733.107)

18%

Trusts: Creation, Types & Administration

Florida Trust Code (ch. 736): creation requirements (736.0402) including a definite beneficiary and the merger rule, the revocability presumption (736.0602), revocable vs. irrevocable trusts and creditor reach (736.0505), spendthrift provisions (736.0502), animal-care trusts (736.0408), testamentary and pour-over trusts (732.513), qualified-beneficiary definition (736.0103), trustee notice and annual accountings (736.0813), judicial modification and termination (736.04113), and the breach-of-trust limitations period (736.1008)

18%

Florida Probate Administration

Formal vs. summary administration thresholds ($75,000 or 2+ years dead under 735.201) and disposition without administration (735.301), personal representative preference (733.301) and the duty to deposit a will within 10 days (732.901), the verified inventory (Probate Rule 5.340), the notice of administration and 3-month objection deadline (733.212), creditor claims (3 months/30 days under 733.702; the 2-year absolute bar under 733.710), order of payment and claim priority (733.707), abatement (733.805), attorney/PR compensation (733.6171), ancillary administration (734.102), and lost-will proof (733.207)

14%

Homestead & Elective Share

Constitutional homestead (Art. X, s.4): exemption from forced sale (exceptions for taxes, purchase-money mortgages, and mechanics' liens), the inurement of the exemption to spouse and heirs, and the devise/descent restrictions when a spouse or minor child survives; statutory homestead descent (732.401) giving the spouse a life estate with remainder or a one-half tenancy-in-common election; the 30% elective share (732.2065) over the broad elective estate (732.2035) including revocable trusts and POD accounts; election deadlines (732.2135); contribution and apportionment (732.2075-732.2085); and spousal waiver (732.702)

16%

Estate & Gift Tax

The 2026 federal estate and gift tax basic exclusion ($15 million per person, made permanent by the One Big Beautiful Bill Act), the $19,000 annual gift exclusion and split gifts, the unlimited marital deduction (IRC 2056) and QTIP trusts, portability of the DSUE via a timely Form 706, credit-shelter (bypass) trusts, ILITs and incidents of ownership (IRC 2042), the generation-skipping transfer tax, the unlimited direct medical and tuition exclusion (IRC 2503(e)), step-up in basis (IRC 1014) versus carryover for gifts (IRC 1015), IRC 2040 joint-property inclusion, Florida tax apportionment (733.817), and Florida's absence of any state estate or inheritance tax

16%

Guardianship & Fiduciary Duties

Florida guardianship (ch. 744): incapacity determinations, the least-restrictive-alternative requirement, guardian of the person vs. property, advance directives (durable power of attorney, health care surrogate) as alternatives, and court-supervised inventories and accountings; trustee fiduciary duties of loyalty and the no-self-dealing rule (736.0802), prudent investing (518.11; ch. 736 Part IX), impartiality (736.0803), segregation/no-commingling (736.0810), prudent delegation (736.0807), and the general duty to administer in good faith (736.0801); personal-representative duties (733.602); trustee compensation (736.0708); exculpatory-clause limits (736.1011); and remedies including surcharge and removal (736.0706, 736.1001-736.1002)

Preparing for the FL Wills, Trusts & Estates Specialist Exam

What You Need to Know

Passing score: Set per area (commonly approximately 70%)
Assessment: Question count not published by the exam provider
Time limit: Approximately 6 hours (written exam)
Exam / certification fees: $250 application + $150 exam Official sources

Using Our Practice Resources

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FL Wills, Trusts & Estates Specialist: Suggested Study Strategy

1Memorize Fla. Stat. 732.502 cold. Will-execution problems are a staple: the testator signs at the end (or has another sign in the testator's presence and direction) before two witnesses, and the witnesses must sign in the presence of the testator AND each other. Remember Florida recognizes no holographic or nuncupative wills.

2Learn the current intestacy rules under 732.102. The spouse takes the ENTIRE estate when there are no descendants, or when all descendants are shared and the spouse has no other descendants; the spouse takes only one-half when a non-shared descendant (e.g., the decedent's child from a prior relationship) survives. The old $60,000-plus-half rule was repealed in 2011.

3Master homestead 'three ways': creditor exemption (Art. X, s.4(a) with exceptions for taxes, purchase-money mortgages, and mechanics' liens), devise/descent restrictions (s.4(c) and 732.401 life estate or one-half election), and the ad valorem tax exemption. Each dimension has different rules; do not conflate them.

4Drill the elective share. It is 30 percent (732.2065) of the broad elective estate (732.2035), which sweeps in revocable trusts, POD accounts, and joint property to prevent disinheritance by will substitutes. Know the election deadline (earlier of 6 months after notice of administration or 2 years after death, 732.2135) and the order of contribution (732.2075-732.2085).

5Know the probate timelines: deposit a will within 10 days (732.901), file the inventory within 60 days of letters (Rule 5.340), object to the will within 3 months of the notice of administration (733.212), creditor claims by the later of 3 months after publication or 30 days after service (733.702), and the absolute 2-year nonclaim bar (733.710). Summary administration applies when the estate is $75,000 or less, or the decedent died more than 2 years ago (735.201).

6For the tax section, keep the 2026 figures straight: $15 million federal exemption, $19,000 annual exclusion, unlimited marital deduction (IRC 2056), portability of the DSUE via Form 706, step-up basis at death (IRC 1014) versus carryover basis for lifetime gifts (IRC 1015), the unlimited direct medical/tuition exclusion (IRC 2503(e)), the GST tax, and the fact that Florida levies no state estate or inheritance tax.

Frequently Asked Questions

What is Florida Bar Board Certification in Wills, Trusts and Estates?

It is a credential issued by The Florida Bar Board of Legal Specialization and Education recognizing attorneys with substantial expertise in estate planning, probate, trust administration, and related tax law. Board-certified attorneys may hold themselves out as 'Board Certified' specialists. Certification requires at least 5 years of Florida Bar membership, substantial involvement in the field, task and continuing-legal-education requirements, favorable peer review, and passing a written examination.

How is the wills, trusts and estates certification exam structured?

The exam is a written examination, generally about 6 hours, combining essay questions and multiple-choice questions. It tests the Florida Probate Code (chapters 731-735), the Florida Trust Code (chapter 736), constitutional homestead (Article X, Section 4), the elective share, guardianship (chapter 744), fiduciary duties, and federal estate, gift, and generation-skipping transfer tax. The Florida Bar does not publish a fixed multiple-choice question count. The application fee is $250 and the exam fee is $150.

What are the requirements to execute a valid will in Florida?

Under Fla. Stat. 732.502, the testator must sign the will at the end (or have it signed in the testator's presence and at the testator's direction) in the presence of at least two attesting witnesses, and those witnesses must sign in the presence of the testator and in the presence of each other. The testator must be at least 18 (or emancipated) and of sound mind under 732.501. Florida does not recognize holographic (unwitnessed) or nuncupative (oral) wills.

How much is the Florida elective share, and what is the elective estate?

Under Fla. Stat. 732.2065, the elective share equals 30 percent of the elective estate. The elective estate (Fla. Stat. 732.2035) is intentionally broad and includes the probate estate plus many nonprobate transfers, such as revocable trust property, pay-on-death and Totten trust accounts, jointly held property (to the extent of the decedent's contribution), and the net cash surrender value of certain life insurance. The election generally must be filed by the earlier of 6 months after service of the notice of administration or 2 years after death (Fla. Stat. 732.2135).

Can Florida homestead be left to anyone in a will?

No. Under Article X, Section 4(c) of the Florida Constitution, homestead may not be devised if the owner is survived by a spouse or a minor child, with the sole exception that it may be devised to the spouse if there is no minor child. If a prohibited devise is attempted, the homestead descends under Fla. Stat. 732.401: the surviving spouse takes a life estate with a vested remainder in the descendants, or may elect an undivided one-half interest as a tenant in common.

Does Florida have a state estate tax, and what is the 2026 federal exemption?

Florida has no state estate tax and no inheritance tax. Only the federal estate tax can apply. For 2026, the federal estate and gift tax basic exclusion is $15 million per person (made permanent by the One Big Beautiful Bill Act), and the annual gift exclusion is $19,000 per donee. A married couple can shield up to $30 million combined using both exemptions, including by electing portability of the deceased spouse's unused exclusion (DSUE) on a timely Form 706 or by using a credit-shelter trust.

What are a Florida trustee's core fiduciary duties?

Under the Florida Trust Code, a trustee must administer the trust in good faith and in accordance with its terms and the interests of the beneficiaries (736.0801). Key duties include loyalty and the prohibition on self-dealing (736.0802), prudent investing as a prudent investor would (518.11 and chapter 736 Part IX), impartiality among beneficiaries (736.0803), keeping trust property separate and earmarked (736.0810), prudent delegation with monitoring (736.0807), and keeping qualified beneficiaries reasonably informed with notice within 60 days and at least annual accountings (736.0813). Breach can result in surcharge or removal.

Free Practice Questions for FL Wills, Trusts & Estates Specialist

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