Requirements of a Valid Will in Florida
In Florida, there are requirements that must be met in order for a last will and testament will to be valid. The person writing the will, also known as the testator, must be at least 18 years old and competent when he or she signs the will; the will must be written and witnessed by two individuals, both of whom must sign the will in the presence of the testator and each other; and the testator must sign the will at the very end of the will itself and in the presence of the two witnesses.
If a will is not executed according to Florida law, a probate court will not approve the will and the estate will be distributed under the state's intestacy laws, which means that the state has set up a will for you but usually will not distribute the assets according to your wishes. While Florida requires that a will be written, it does not have to be typed and can be handwritten. A handwritten will, sometimes referred to as a holographic will, is valid as long as it is properly executed under Florida law (two witnesses, signed at the end, etc.).
If you would like to speak to an estate planning attorney to review your estate plan, please contact our estate planning attorney at Wood, Atter & Wolf, P.A.located in Jacksonville and Ponte Vedra Beach, Florida to set up an appointment.
