The Florida Last Will and Testament is a legal document accepted by the state of Florida that is executed by the testator to ensure that his or her personal property, fiduciary funds, real property and any other belongings, are properly distributed to their chosen beneficiaries. 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 Statute 732.501).
No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law (Florida Statute 732.502 (4)). A Will requires the signature of the testator in the presence of two witnesses. Those two witnesses must also sign the document in the presence of the testator as well as the presence of each other.
Self-Proven Wills
A notary is not required for a Florida Will to be valid. However, some people choose to make a Will that is “self-proven.” Making a self-proven Will can potentially simplify the process of probate. A Will or codicil executed in conformity with Florida Statute 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 a notary. The process involves a notary administering an oath to the testator and the two witnesses, and the testator and two witnesses signing the affidavit.
Note: Our notaries are not attorneys licensed to practice law in the State of Florida, and do not give legal advice or accept fees for legal advice. If you need legal advice, please consult a licensed attorney.
