Florida's Requirements for a Will
Florida's Requirements for a Will
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Florida's Requirements for a Will

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Summary of Florida's Will Requirements:

Minimum Age to Make a Will 18
Written Document Required Yes
Nuncupative Wills (Oral) No
Holographic Wills (Hand-Written, Unwitnessed) No
Number of Witnesses Required 2
Self-Proving Affidavit Allowed
Statutory Form for Self-Proving Affidavit Yes

 

 

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Statutes Governing Florida's Will Requirements:

 

Who may make a will

Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will.

Florida Requirements for a Will - Statutes, s. 732.501

 

Execution of wills

Every will must be in writing and executed as follows:

(1)(a)  Testator's signature.--

1.  The testator must sign the will at the end; or

2.  The testator's name must be subscribed at the end of the will by some other person in the testator's presence and by the testator's direction.

(b)  Witnesses. -- The testator's:

1.  Signing, or

2.  Acknowledgment:

a.  That he or she has previously signed the will, or

b.  That another person has subscribed the testator's name to it, must be in the presence of at least two attesting witnesses.

(c)  Witnesses' signatures. -- The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.

(2)  Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed. A will in the testator's handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will.

(3)  Any will executed as a military testamentary instrument in accordance with 10 U.S.C. s. 1044d, Chapter 53, by a person who is eligible for military legal assistance is valid as a will in this state.

(4)  No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law.

(5)  A codicil shall be executed with the same formalities as a will.

(a) Every will, whether of personal or real estate, must be:

(1) In writing and signed by the testator or by some person subscribing the testator's name in the testator's presence and by the testator's express direction; and

(2) Subject to § 1306 of this title, attested and subscribed in testator's presence by 2 or more credible witnesses.

(b) Any will not complying with subsection (a) of this section shall be void.

Florida Requirements for a Will - Statutes, s. 732.502

 

Self-proof of will

(1)  A will or codicil executed in conformity with s. 732.502 may be made self-proved at the time of its execution or at any subsequent date by the acknowledgment of it by the testator and the affidavits of the witnesses, made before an officer authorized to administer oaths and evidenced by the officer's certificate attached to or following the will, in substantially the following form:


STATE OF FLORIDA
COUNTY OF _____

I,_______________, declare to the officer taking my acknowledgment of this instrument, and to the subscribing witnesses, that I signed this instrument as my will.

______________________________
Testator


We,__________and__________, have been sworn by the officer signing below, and declare to that officer on our oaths that the testator declared the instrument to be the testator's will and signed it in our presence and that we each signed the instrument as a witness in the presence of the testator and of each other.

______________________________
Witness

______________________________
Witness

Acknowledged and subscribed before me by the testator, (type or print testator's name), who is personally known to me or who has produced (state type of identification--see s. 117.05(5)(b)2.) as identification, and sworn to and subscribed before me by the witnesses, (type or print name of first witness) who is personally known to me or who has produced (state type of identification--see s. 117.05(5)(b)2.) as identification and (type or print name of second witness) who is personally known to me or who has produced (state type of identification--see s. 117.05(5)(b)2.) as identification, and subscribed by me in the presence of the testator and the subscribing witnesses, all on (date).

 (Signature of Officer) 

(Print, type, or stamp commissioned name and affix official seal) 

(2)  A will or codicil made self-proved under former law, or executed in another state and made self-proved under the laws of that state, shall be considered as self-proved under this section.

Florida Requirements for a Will - Statutes, s. 732.503

 

Who may witness

(1)  Any person competent to be a witness may act as a witness to a will.

(2)  A will or codicil, or any part of either, is not invalid because the will or codicil is signed by an interested witness.

Florida Requirements for a Will - Statutes, s. 732.504

 

[Reference - Florlda Requirements for a Will]

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