Legal Question in Wills and Trusts in Florida
Does a will have to be recorded at the court house to be legal and binding? And does it have to be witnessed to be binding?
Asked on 6/07/13, 11:52 am
3 Answers from Attorneys
Sanford M. Martin
Sanford M. Martin, P.A.
A will executed in Florida should have at least two witnesses and be notarized with
a self-proving affidavit form which is signed by the witnesses and notary. A will does not
have to be filed before the will maker dies. After a person dies, if the will is going to be
administered by the designated personal representative, it should be filed in the county
of residence of the deceased.
Answered on 6/07/13, 12:00 pm
Barry Stein
De Cardenas, Freixas, Stein & Zachary
Filing with the Court is not needed nor allowed anymore until death.
It has to be witnessed by two people + testator/testatrix and notarized to be self executing.
Answered on 6/07/13, 12:54 pm
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