One of the most important estate planning documents a person should have prepared is a Florida will. A will is a written document outlining and designating how and who (beneficiaries) receives a decedent’s probate assets upon his or her death. Florida law requires a will to be in writing and must be signed and witnessed. The will can also designate an executor (personal representative) who will oversee the administration of the probate estate. Florida Statute 732 outlines the requirements of a will.

Do I need a Will?

If you die without a will (intestate), the State of Florida determines how your assets get divided, and who your beneficiaries will be. A judge will decide who handles the administration of your estate. If you’re like most people, you’ll want to plan so that the state doesn’t make these important decisions for you that will affect your loved ones.

Who can make a Florida Will?

Any person who is of sound mind and who is either eighteen (18) years of age or older or an emancipated minor may make a Florida will.

What is required to make a Florida will valid?

The following information as forth in Florida Statute 732 relates to the execution of a Florida will. Every will must be in writing and executed as follows:

  • The testator must sign the will at the end or the testator’s name must be subscribed at the end of the will by some other person in the testator’s presence and by the testator’s direction.
  • Two witness must be present at the signing of the will or acknowledgement by the testator that he or she previously signed the will.
    Both witnesses must also sign the will in the presence of the testator and each other.
  • There are no specific or required words to be used in order to make a Florida will valid so long as it complies with the above requirements.

Contact Tilden Law to discuss your individual Florida Wills needs today. 407-599-1234.