Laws on a Last Will & Testament in Florida

By Carrie Ferland

Estate and probate are matters of the state, with each state able to define its own laws governing the process of establishing, executing and probating wills. The state of Florida defines its own laws through two separate codes: the Florida Probate Code and the Florida Probate Rules. If you are a resident, you should take care to review and apply these laws when planning for your own estate’s future to ensure your will is upheld and not set aside during probate.

Capacity

To execute a will in the state of Florida, you must be at least 18 years of age and of sound mind. A minor who is legally emancipated, either by her own legal marriage, becoming the parent of her own minor child or by legal procedure, is exempt from the age requirement.

Format

To establish a valid will under Florida law, you must execute it in writing, either typewritten or handwritten, bearing the testator’s full legal name, with his signature at the end of the will. Additionally, Florida law expressly recognizes the validity of any will executed as a “military testamentary instrument” pursuant to 10 U.S.C. §1044d. Florida does not recognize the validity of nuncupative (“holographic”) wills, defined as “a will in the testator’s [own] handwriting… [not] executed in accordance with [§732.502(1)(a) of the Florida Statutes].” Nuncupative wills executed in another state are also not valid, even if the original state does acknowledge the will as valid.

Protect your loved ones. Start My Estate Plan

Administrators

Florida law grants you the power to appoint at least one administrator in your will to manage, oversee and administer your estate according to your instructions. When doing so, you must state explicitly the role, to whom you are appointing it and what powers you grant to that person. Without this information, Florida will not acknowledge your appointment and will choose an administrator for you following state intestacy guidelines.

Proofing

All wills executed in the state of Florida must be proofed, both by the testator and by at least one additional party. To proof your will, you can submit your will for notarization by a notary public anywhere within the state, at which time you must sign the will yourself in the notary’s presence. You can also seek at least two competent witnesses to watch you sign your will, after which both witnesses must sign the will themselves as well as witness the other witness sign the will. Once your will is proofed, it is fully executed and valid under Florida law.

Witness Capacity

The persons you enlist to help you proof your will must also have the capacity to do so. In general, a person must be at least 18 years of age and of sound mind to stand as a competent witness. While relying on a disinterested witness -- that is, a witness who is not named as a beneficiary and stands to earn no additional benefit from your will -- is preferable, Florida does not immediately void the veracity of a will merely because one or more proofing witnesses held an interest.

Protect your loved ones. Start My Estate Plan
A Durable Power of Attorney for the State of Virginia
 

References

Related articles

Rules for Wills in Florida

The state of Florida governs how a testator may establish and execute a will under the Florida Probate Code. These statutory rules define the guidelines for the format, contents and proofing of a valid will. Testators residing in Florida who do not adhere to these rules while drafting a will face the possibility of having their will partially or entirely voided, which can subject some or all of their estate to state intestate succession guidelines.

Baker Act & Divorce

If you observe someone acting in a way that makes you think she might be dangerous to others, Florida's Baker Act allows you to petition a court to order an involuntary psychiatric examination. One of the grounds for a divorce in Florida is three years of mental incapacity. A Baker Act order does not provide grounds for divorce based on incapacity, but it could constitute a first step in that direction.

California Law on Wills

By establishing a will, you can avoid administration of your estate under California intestate succession laws. However, merely writing a will is not sufficient for the state to recognize your wishes -- your will must comply with the guidelines defined by the California Probate Code for the state to acknowledge its validity. While a will that overlooks only one requirement may still uphold in court, you risk the court putting aside your entire will if you fail to comply with these guidelines.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

Colorado Power of Attorney Requirements

Colorado state law imposes a number of requirements to which all power of attorney documents must adhere for the state ...

Is Amending Your Will Yourself Legal in Iowa?

A will or testament is a legal document that disposes of property upon a person's death and designates a guardian for ...

The State of Ohio Health Care Power of Attorney

Most adults are capable of making their own healthcare decisions with the assistance of their physicians and loved ...

The Advantages and Disadvantages of a Living Trust or Last Will in Florida

Estate planning involves taking steps to protect your assets for your family’s benefit. It allows you to manage your ...

Browse by category
Ready to Begin? GET STARTED