Add Image Fields Legal Florida Wills Forms For Free

California's probate code does not permit alternate will formats, including audio recordings or video footage. So, while a video could supplement a will or serve to clarify the testator's intent, it cannot legally replace a will.

It should be noted that, in Florida, all original Wills must be filed with the court following death. This must be done within ten days of the decedent's death, as it puts the Will into the custody of the court. It should also be noted that this process is entirely different from probate.

No — in Florida, you don't need to notarize your will to make it valid.

Witness signatures provide additional assurance of the will's authenticity and are a tool to prevent fraud or coercion. Therefore, a will created solely through a video recording, even if it captures the testator's intentions, would not satisfy these legal requirements in Florida.

However, in recent years, Florida has started to recognize the validity of electronic wills (e-wills) and, by extension, video wills. The Florida Electronic Wills Act, which became effective on January 1, 2020, allows for the creation of electronic wills, including those recorded in video format.

Florida law does not require all of a decedent's assets to go through probate. The ownership of certain beneficiary-designated accounts, such as jointly held accounts and payable-on-death accounts, will transfer automatically outside of probate.

Courts May Only Invalidate a Will Under Certain Circumstances. While a will can be declared void if it was procured by fraud, duress, or undue influence, a mistake in the drafting or execution of a will may not be grounds to invalidate the entire document.

Legal Requirements for Wills in Florida Must be in writing. Must be made by a competent person. Doesn't require any official terminology or standardized documentation. Must be signed by the testator. Must be signed by and in the presence of at least two witnesses. Can be amended or revoked. Can be contested.

It's important to understand that joint wills are not honored in Florida. As such, if you create a joint will with your spouse, it will not be recognized by the court. This is because the state only honors wills created by one individual.