Do You Know What Florida Stat. 732.502 Requires for a Valid Will?

Have you recently executed a new will, codicil or your first will?   Are you using a legal documents website service to get a basic template for your will? Did you know that these companies are not licensed Florida attorneys and they do not owe you an attorney client duty like a regular attorney? Make sure your will is executed properly. Do you know how?  I would start by checking out Fla. Stat. 732.502 “Execution of Wills.”

Testator’s Signature

• This may seem like it goes without saying but you need to sign your will.
• The law simply says you have to sign the will at the end, but what does that mean?
• In Florida you can add extra text after the signature line, and it will be valid if it was there at the time of the signature.
• In other words, signing “at the end” means time wise, not space wise.
• Who else has to sign?

Witness Signatures

• In Florida for a will to be valid it usually has to be signed by two parties.
• Why usually?
• Because if you are domiciled in another state or country and die in Florida, if your will was valid in that State Florida will allow it to be probated.
• The witnesses should sign and execute in the presence of one another and the testator.

Holographic Wills

• Handwritten or holographic wills are accepted in some States but they get no special treatment with regard to Florida’s will formalities.
• You are also able to get a holographic will admitted to probate in West Palm Beach if it falls under the previous exception that you were domiciled in a foreign place.
• The short answer though is avoid those holographic wills, get a properly executed will drafted by an experienced Palm Beach probate attorney.
• Is your will up to par?
• Make sure you are not leaving your relatives out in the cold with an improperly executed will.
• Make sure you are not relying on non-attorneys advice through a legal document website.

Want to learn more?

Check out our FAQ video library to learn how to get a valid will and estate plan and how to conquer West Palm Beach probate!