Legal Question in Wills and Trusts in Florida

Re: Do you have to file a will in Florida with the courts

Without looking at the document I do not have an opinion regarding if it is indeed a "legal document" that will be accepted by a probate court as valid. That said, for a small charge your local probate court will accept the will for filing and hold it until probate is opened. However, most people simply store their will in a secure location.

Re: Do you have to file a will in Florida with the courts

You do not have to file it with the court, although you can. Place it in a safe location where it can be located when needed.

Re: Do you have to file a will in Florida with the courts

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

There is no need to register a Last Will and Testament until after the maker has passed away. At that time it is required to be filed withing 30 days with the Clerk of the Court in the County of domicile in Florida although it is often filed later during the probate of the estate.

Further, there is no need to obtain an attorney after a will has been drafted. You should place the original of the instrument in a safe and secure place until it is needed.

Scott R. Jay, Esq.