Ensuring Your Will Is Valid In Florida

Many people in Florida write a will with the intention of helping their loved ones avoid the probate process. Unfortunately, a will alone does not avoid these legal proceedings. Unless a will has been self-proving, or notarized, a witness will have to appear in court and testify about its validity. After a judge has determined that the will is valid, estate administration can begin and the property within it can be distributed according to the will. Below, our Daytona Beach will drafting lawyer explains the requirements to fulfill to ensure your document is legal.

Wills Must Be Written 

In Florida, all wills must be written, although this does not necessarily mean they must be typed and printed out. Under state law, handwritten wills are acceptable as long as they meet all other requirements. However, oral wills are not legal in the state. For example, you may have a jewelry collection your child loves and so, you tell them they will inherit it when you pass away. Unless you put this in writing and include it in your will, your wishes will not be respected and someone else may inherit it instead.

Two Witnesses Must Sign All Wills 

In addition to being in writing, all wills in Florida must also be signed by two witnesses. Both witnesses must sign the document in the presence of the other. The testator, or person who drafted the will, must sign the will first and in the presence of both witnesses. Anyone with proper mental capacity can act as a witness to a will, including family members or people who will benefit from the provisions within the document. If the testator and the witnesses do not sign the will at the same time, the document is considered invalid.

Testators Must Sign the End of the Document 

Many people think they must sign each page of their will, but this is not true. While you can still choose to sign each page individually, you must sign at the end of the document. If you do not sign the end of the document, the will is considered invalid and will not be enforced.

Notarization is Not Required 

There are many reasons to notarize a will after executing one. For example, notarization can make the probate process quicker, as your will can be validated without the need of either witness appearing in court. Still, notarization is not required in Florida and so, even without this extra step, your will is still considered legal under the law as long as it meets the other requirements.

Our Will Drafting Lawyer in Daytona Beach Can Execute Your Document Properly 

Drafting a will can greatly reduce stress for your beneficiaries, but only if it is executed properly and meets the requirements under state law. At Bundza & Rodriguez, our Daytona Beach will drafting lawyer can execute yours properly so it is enforced and ensures your wishes are respected. Call us today at 386-252-5170 or chat with us online to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.502html&_ga=2.138961651.152988882.1584990142-1755332197.1584990142