Legal Question in Wills and Trusts in Florida

Does a will have to be recorded with the state? We bought a will and filled out everything, had it notorized. Is it valid?


Asked on 7/16/10, 8:56 pm

2 Answers from Attorneys

Marc J. Soss Marc J. Soss, Esquire

Does a will have to be recorded with the state? No it does not. Once you pass away it will be filed with your other probate pleadings.

We bought a will and filled out everything, had it notorized. Is it valid? Buying a will is never a good idea, it is worth the expense of having one properly prepared and executed under the guidance of an attorney. The requirements are listed under Section 732 of the Florida Statutes.

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Answered on 7/17/10, 3:29 am

A Will is not filed with the State until the death of the person. However, in my years of practice I would say that there is a 90% chance that the execution of the Will by a layperson is invalid, and therefore the Will fails when contested. Some are so badly executed that the court won't even accept them.

There are very specific rules on the execution of a Will, and to make sure it is done right I highly recommend it done by an attorney. Otherwise, you may find that the money you saved by doing it yourself will easily be lost later when it is used.

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Answered on 7/17/10, 6:42 am


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