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Will Preparation in Florida
Florida will preparation is essential to ensuring last wishes are carried out. Florida residents over the age of 18 are legally allowed to create a Last Will and Testament as a document to distinguish the division of property upon the testator's death. Florida requires several distinct steps for maintaining the legitimacy of a will. In Florida, if a will fails to meet the following criteria it may be challenged in court - and involve a legal battle to prove its authenticity.
Contact a probate attorney. Consult with the attorney about your specific wants and needs concerning the content of the will - and how you would like to execute it. Name a personal representative of the will and clarify how you desire your property distributed. Florida probate attorneys can reduce legal hassles by guiding you through state regulatory statutes and the overall formation of your Last Will and Testament. If there is no will, for example, under Florida law, the surviving spouse is entitled to all of the deceased's property.
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Sign and witness the will. Print and sign your name at the bottom of the will. Engage two additional witnesses to sign and attest to the validity of the document. All persons signing must be in the presence of the testator at the same time.
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Complete a self-proving affidavit before a court officer. A self-proving affidavit is a subsidiary legal document in accordance with Florida Statute 732.503, which confirms that the document signed is the testator's actual will. Sign and date the affidavit along with two witnesses in the presence of the court officer. Obtain the signature and official documentation seal of the court officer to legitimize the affidavit. Make and distribute copies of all documents for your own legal files and the files of participating witnesses.
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