What Should I Know About a Holographic Will & Florida Probate?

Uncategorized • Jan 15, 2016

Florida probate lawyers know that one way to invite Florida probate litigation is to execute the will improperly. Some States allow for unwitnessed or so called “holographic wills” but Florida is not one of them. Check out this recent probate appeal from Connecticut that dealt with a Pennsylvania woman’s holographic will. How would this all work if it happened in Florida probate court?

Execute the Florida Estate Plan Properly

Estate litigation in Florida often erupts when a party fails to properly execute their will.
What does that mean?
Florida estate lawyers know that when you fail to sign the will with two witnesses, you may see a Florida will contest lawyer taking the will to Court.
Why?
Certain heirs & beneficiaries in Florida may find that it is better for them that the will get kicked out of the probate process.
One way for that to happen is if you have a holographic will.
Are holographic wills valid in Florida? No. But a handwritten will is valid if it is executed with the correct formalities.
What does it take to make a valid will in Florida?
You can read the Florida Probate Code law on what makes a valid will in Florida by clicking on this link, also known as Florida Statute 732.502: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0732/Sections/0732.502.html
Estate attorneys Florida define a holographic will as one that does have witnesses to the signature.
Why is that so important?
To have a valid will in Florida, ask any Florida will lawyer, and they will tell you that the person making the will needs to sign it at the end in the presence of 2 witnesses ,who also sign the will in the presence of the will maker and each other
For an important Florida probate appeal case about holographic wills, ask your probate attorney to give you a copy of the Lee v. Estate of Payne case, 148 So. 3d 776 (Fla. 2nd DCA, 2013), rev. den., 132 So.3d 221 (Table), (Fla. 2013), 2013 WL 6331707, out of Florida’s 2nd District Court of Appeal
Probate attorneys Florida have to have those witnesses come and testify in probate court that they saw you sign that.
Are there ways to get around this?
Talk to a Florida probate lawyer about a self proving affidavit and how it could compliment your Florida estate plan.
If you want to read more, there is a recent case on holographic wills out of Connecticut.

Goodwin v. Colchester Probate Court

How do you sue a probate court?!
This was a probate appeal that concerns a challenge to an ancillary administration of a holographic will.
What is an ancillary Florida probate administration?
That is when there is property outside of the decedent’s state that has to be probated.
What was interesting about this case was that it involved a holographic will.
A holographic will under Florida law is one that is signed but not witnessed.
Florida probate litigators know that these are facially invalid in Florida.
Does that sound fair?
How would this case unfold in Florida probate court?
Do you know how to inherit if you have a will but not witnesses?
Do you know how to inherit if there is a will which was made in another state, other than Florida, but you have to probate a Florida estate?

Check out this recent case by clicking here.

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