Formalizing Your Will in Florida is So Easy, You Have No Excuse Not to Do it

In your will, you can leave your property to anyone you choose; the probate court will respect your wishes, even if you made the unconventional choice to leave most or all your money to your friends or a charity instead of to your close family members. The only exceptions are that (1) your spouse is entitled to make an election to receive 30% of your estate if there is no prenup or postnup waiving the right to make the elective share, (2) that minor children and spouses have protections regarding homestead property, and (3) if you make a will before you get married or have children and the will does not provide for the spouse or child, the spouse or child may be entitled to receive a share as a pretermitted spouse or pretermitted child.

Likewise, a typo will not invalidate your will; in fact, it will rarely cause ambiguities.

The rules about what makes a will legally valid are simple; probate disputes over the validity will rarely relate to whether the will meets formal requirements. Florida probate courts only recognize written and properly signed wills; a spoken will, or an audio or video recording is not admissible in court. Likewise, you must sign your will in the presence of two witnesses, who must also sign it. The only requirement for the witnesses is that they must both be adults whom the court has not declared legally incompetent. While it is not a good idea to have a beneficiary serve as a witness to a will, this will not invalidate the will automatically.

What Good is a Legally Valid Will if the Right People Do Not Know Where it is?

Florida law does not require you to file your will with the court during your lifetime. Your will does not get filed with the court until your death. During your lifetime, it is no one’s business what you wrote in your will, so you do not have to tell very many people that you wrote it. At least one person should know where it is, though, so that the probate court can follow the instructions in your will instead of distributing your estate according to the laws of intestate succession.

Contact Kruse Law About Writing a Legally Valid Will

A St. Petersburg estate planning lawyer can help you ensure that your will meets the formal requirements.  Contact Kruse Law  in St. Petersburg, Florida to set up a consultation.