How To Execute a Will in Florida

How do you execute a will in Florida? Put another way, what is required for a valid Florida will? To read about who may create a valid will in Florida, CLICK HERE. For more Florida probate perspective about signing a will in Florida, read below.

How to Sign a Will in Florida

A will should be signed only by intent & consent. That means that the persons signing the will should know it’s a will and wants to sign it. A will that is signed by undue influence is void. In fact, if the person signing the will does not know what she is doing, the will is also void. The will cannot be the product of fraud or any over-persuasion or force. That’s an important part of the will execution process. It must be free of anyone forcing or lying to the person signing the will. We also previously provided commentary about a will not being valid based on an insane delusion. A will that is not valid may be addressed in the Florida Probate Court by a Petition to Revoke Probate. To see a FREE VIDEO ON WILL CONTESTS in Florida, click the highlighted area. To read about what a POUR OVER WILL in Florida is, CLICK HERE. If a current will is not valid, what happens? “There may be prior wills that are valid, or the entire estate may go to heirs under the intestacy laws of Florida” says Pankauski .

Executing a Florida Will: requirements and steps to take

The Florida Probate Code contains a number of laws on probate and wills. Sections 732.501- 732.526 is entitled “WILLS“. This part of Florida’s estate laws tells you just about everything you need to know about how to execute a will in Florida. You can also read the Florida Probate Rules for free. The Florida Probate Rules provides guidelines for a Florida probate (court) proceeding. A Florida will needs to be executed voluntarily, in the presence of two witnesses. The two witnesses must be in the “physical presence” of the person signing the will. The 2 witnesses must also see the person sign the will. They must also sign the will in the presence of each other witness, and the person signing the will. “If you screw up that order, or that process” says estate litigator John Pankauski ” the will is not valid.” He should know. Pankauski tries cases on will contests and undue influence. “Proper execution of a Florida will is one of the very first things which we investigate” when he is called by a new client. Pankauski even wrote the book on the top 10 probate mistakes.