What are the Regulations for Creating a Will in Florida?
A last will and testament allows you to designate the beneficiaries who will inherit your property upon your passing. If you die without a will, your property will be distributed according to the laws of intestate succession, in which the state handles the distribution of your assets and property. The same could be true if your will is determined to be invalid.
To that end, it is important for you to not just create a will, but to also ensure it fulfills all the regulations for will validity in the state of Florida.
Many of the laws in Florida are the same as those in most other states. These laws are mostly uniform to prevent beneficiaries from tampering with the wills. All states, for example, require the person creating the will to be an adult. However, some rules, including those associated with witness regulations and the use of oral and holographic wills, differ from state to state.
Below is a quick outline of the rules you should know when it comes to creating a will in Florida:
- The testator must be at least 18 years old (or an emancipated minor) and be of sound mind.
- The will must be signed in the presence of two attesting witnesses; those witnesses must also sign in the presence of each other and the testator.
- Oral wills are not recognized in Florida.
- Holographic wills are not recognized in Florida. A will that was properly executed in the handwriting of the testator is not considered a holographic will.
For further guidance on the various rules and regulations on the creation of wills in Florida, meet with an experienced Tampa estate planning attorney at BaumannKangas Estate Law.