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What types of wills are valid in Florida?

One of the reasons why individuals draft wills is to list the valuable and sentimental property that they have and to document their wishes for what they want to happen with those assets when they pass away. Florida’s intestate succession rules apply in instances in which an individual dies without a will in place. This generally means that a decedent’s possessions will generally go to their next of kin unless they have drafted a will that states something else.

Many states’ laws including Florida’s are written to require the person drafting a will, the testator, to be at least 18-years-old. There is an exception to that rule though if the individual drafting the will is an emancipated minor. If they are, then Florida Statute §§732.501, et seq. allows that individual to lawfully draft their own will provided that they have the necessary witnesses present when doing so.

Oral, or nuncupative wills, and holographic, or handwritten ones, aren’t recognized in the state of Florida. It’s irrelevant if there are witnesses to what was written down or said out loud. Neither is valid here.

All wills must be signed by the testator and two attesting witnesses all in front of one another to be considered as valid here in Florida.

One of the worst things that can happen is for someone to take their time to document their final wishes only to not have them upheld because their will wasn’t executed per Florida law. This is often why disputes arise in Miami-Dade probate court. Family members challenge the validity of these documents. An attorney can help do everything necessary to make sure that this doesn’t happen to you and your loved ones after you’re gone.



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