What is a Will Under Florida Law?

A will is a legal document used to direct how a person's property is distributed after death. In Florida, the requirements for creating a valid will are set out in the Florida Probate Code.

A will allows a person to identify beneficiaries and outline instructions for the distribution of assets, subject to the formalities required under Florida law.

Who Can Make a Will in Florida

Under Florida law, a person may make a will if they are 18 years of age or older, or an emancipated minor, and are of sound mind at the time the will is created.

Basic Requirements for a Valid Will

Florida law requires that a will meet certain formalities in order to be valid:

• The will must be in writing

• The testator (the person making the will) must sign the will at the end, or direct another person to sign on their behalf in their presence

• The will must be signed by two witnesses, who sign in the presence of the testator and in the presence of each other

These requirements are outlined in the Florida Probate Code.

The Role of Witnesses

Florida law requires two attesting witnesses for a will to be valid. Witnesses sign the document to confirm that they observed its execution.

A will may also be made "self-proving" through a notarized affidavit signed by the testator and witnesses. A self-proving will may simplify the probate process, since witnesses are generally not required to testify about the will's authenticity.

What Happens Without a Will

If a person dies without a valid will, Florida law refers to this as dying "intestate." In this case, the distribution of the person's probate assets is determined according to Florida's intestate succession statutes, rather than by the person's own instructions.

Filing a Will After Death

Florida law requires that the custodian of a will deposit the original document with the clerk of court in the county with jurisdiction over the estate, generally within 10 days of receiving notice of the testator's death.

Relationship to Other Estate Planning Tools

A will is one of several tools used in estate planning. Depending on a person's circumstances, other documents — such as a trust, durable power of attorney, or advance directive — may also play a role in an overall estate plan.

The right combination of documents depends on individual circumstances and goals.

Conclusion

A will is a foundational estate planning document that allows a person to direct the distribution of their property after death, provided it meets the formal requirements under Florida law. Understanding these requirements is an important step in creating a valid estate plan.

This content is for informational purposes only and does not constitute legal advice.