What Is a Last Will and Testament?
Florida defines a will as “a testamentary instrument, including a codicil, executed by a person in the manner prescribed by this code, which disposes of the person’s property on or after his or her death and includes an instrument which merely appoints a personal representative or guardian or revokes or revises another will.” (§ 731.201(40))
Requirements
To execute a valid will, individuals must:
- Be mentally sound and at least eighteen (18) years of age. (§ 732.501)
- Sign in the presence of two (2) witnesses. (§ 732.502(1)(b))
- The testator’s signature must be at the end of the will. (§ 732.502(1)(a))
Filing
The state of Florida does not require residents to file wills during their lifetime. However, some probate courts allow individuals to deposit their wills for safekeeping for a fee.
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