Will Signing Florida — how to sign a Florida will
If the will signing Florida is not in the correct order, the will can be overturned. The process is important ! If the will signing “ceremony” is not correct, the Florida will is not valid. Here’s what you need to know if there is a will contest. Or someone objects to the will. To read more about a Florida will signing, click HERE. If you inherit under the will that is being attacked, how will you defend it?
Why Do I Care About Witnesses and Order of Signatures?
Good question !
So, you DO care if you are thinking about a WILL CHALLENGE.
Wills must be filed within 10 days (of the death of a Florida resident) by the one who has possession of the will. That person with the original will is called the custodian.
If you get “notice” of a probate with a suspicious will, you have to take action. You may need to file an objection to the will. If you don’t take action, then that suspicious will can be “admitted” to probate and be given validity.
But, what if you inherit under a will and it is attacked? How will you protect your inheritance? Here are some things to consider about how to sign a will in Florida. (This topic is so important that estate litigator John Pankauski gave a one hour, Florida Bar-approved legal education course on will signing. )
A Florida Will Signing Case to Read for Free
So, here is the general rule for a will signing. The person who is signing the will must sign it in the “presence” of two witnesses, who sign the will in the presence of the person and each other. To read more about this topic, read Florida Probate Law 732.502. To read about who may be a witness, read 732.504.
A will that is self-proved saves everyone time. It can also help establish the validity of the will. But not every will is self proved. In a lot of Florida probates, experienced Will Litigators report that many wills that are challenged are not even drafted by attorneys.
The 5th District Court of Appeal has issued an opinion. Many probate lawyers rely on this case when discussing will signing.
The case is Price v. Abate. You can read it for free on the 5th DCA website. Below is a summary of important points.
- The person who wants the will admitted to probate is called the “proponent”
- The proponent of the Florida will bears the initial burden of demonstrating its proper execution
- A will that is “self proved” is a big step in the direction of demonstrating a valid will
- An improperly attested will can NOT be admitted to probate
- The rules for will executing, or signing, found in the Probate Laws, must be STRICTLY complied with. No wiggle room !
- Witnesses to the will and the notary for the self proving affidavit, may, nonetheless, have to come forward and testify about the will execution