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.
If a will does not include a valid self-proving affidavit, the court will likely require a witness to the will to submit a sworn and notarized statement or testify in person as to the validity of the will. The court may also ask for other evidence of a will's validity, such as evidence of the decedent's handwriting.
proving affidavit is a document certifying that a will or other testamentary document was signed and witnessed in compliance with Florida law. It is vital that this document be filed in order for a will to pass probate without any further proof of legitimacy.
You can write a list of who should receive what item. If your will references the list, it will be enforceable. Be careful about how you describe each item so that there is no confusion. Unlike your will, this list can be if you like, and you can change it without having to go back and redo your will.
Ing to section 732.503 of the Florida Probate Code, a Will may be “self-proving” if it conforms to the legal requirements of creating a valid Will plus, in addition to signing the Will in the presence of two qualified witnesses, it contains an affidavit at the end signed by the testator in front of a notary ...
You normally need not get very specific, unless an object is particularly valuable. It is enough to list the location of the property: "all household furnishings and possessions in the apartment at 55 Drury Lane."
To make a self-proving will in Florida, you and your witnesses must sign a self-proving affidavit, in addition to the will itself, and the affidavit must then be notarized.
If the will is not self-proving, FL. Stat, section 733.201- Proof of wills provides that the will can be admitted to probate upon the oath of any of the attesting witness taken before any circuit court judge, commissioner appointed by the court, or clerk.
In Florida, residents have the legal right to draft their own will, and self-prepared wills are recognized as valid.