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

Sanford M. Martin Sanford M. Martin, P.A.

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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

David Slater David P. Slater, Esq.

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1. No

2. Yes

Answered on 6/07/13, 12:41 pm

Barry Stein De Cardenas, Freixas, Stein & Zachary

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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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