As an estate planning attorney, France Law receives many questions regarding the creation and administration of wills in Florida. Each state has the latitude to establish various laws regarding the form that wills can take and the process to make them a legally binding document.
Here are five fast facts regarding wills in Florida.
- A person desiring to create a will must be at least 18 years of age (or an emancipated minor) and of sound mind. This person is referred to as the ‘testator.’
- Florida does not recognize oral wills (also called ‘noncupative’), or holographic wills (a will written entirely in the testator’s own handwriting and not signed by witnesses).
- A will created by a non-resident of Florida will be considered valid in Florida, provided that the will was properly executed according to the laws of the state or country where it was created.
- You can say what you want – as long as you cover your legal bases. No specific words or phrases are required in the language of a will – as long as it is properly executed according to Florida law.
- Florida requires at least two witnesses – but it could be more. The witnesses must sign the will (in the presence of each other and the testator), attesting to the fact that they witnessed the testator signing the will (or acknowledging that he/she previously signed the will, or directing someone to sign the will in the presence of the testator and the witnesses, or acknowledging that this action was previously taken at the testator’s direction).
Though these five facts are the bullet points to the formation of a legal will in Florida, knowing what to put inside the will is just as important. An estate planning attorney can help you identify your assets, establish a plan to distribute these assets, and oversee the legal execution of the will.
