Is An Online Will Legally Valid in Florida?
Yes, online wills are legally valid in Florida. However, Florida has some of the strictest signing rules in the country, and you have to take steps beyond simply creating one online. Learn more about those rules below.
Not to worry, FeedingBird walks you through every step of the process.
What Makes an Online Will Legally Valid in Florida?
Under Florida Statute 732.502, a valid will must be signed by the testator, then signed by two witnesses in the presence of the testator and each other. Notarization is not required for the will to be valid, but it can be beneficial to add a notarized self-proving affidavit under Florida Statute 732.503 which can speed up probate because the court will not need to track down your witnesses.
Florida does not recognize holographic wills. A handwritten document that is not signed by two witnesses in the proper manner has no legal effect in Florida, even if it would be valid in another state. Oral wills are never recognized in the state or Florida under any circumstances.
What You Need to Know about Online Wills in Florida
Estate laws vary greatly by state and often are complex. If you do choose an online will, make sure it’s structured appropriately and according to state guidelines to ensure validity.
Florida Property Laws
In Florida, all property owned solely in your name is distributed according to your will. If you don’t have one, distribution will follow the state's intestate succession rules. Florida's constitutional homestead protections also limit who you can leave your primary residence to if you are survived by a spouse or minor children.
Florida Probate
Your will must be deposited with the appropriate probate court within 10 days after you learn of the testator's death. Smaller estates may qualify for summary administration if the non-exempt assets total $75,000 or less, or if the decedent has been deceased for more than two years.
Avoiding Probate in Florida
Probate is widely known to take months to settle and can be a costly process. For those reasons, people often seek to avoid probate court. The following can help you bypass the proceedings.
- Put your assets in a revocable living trust. A living trust gives you more control over your estate and names a successor trustee to manage distribution after your death.
- Place beneficiaries on financial and retirement accounts. A payable-on-death (POD) designation specifies who receives funds at the time of your death, and a transfer-on-death (TOD) designation to identify a new owner for brokerage accounts.
- Hold property as joint tenants with right of survivorship or, if married, as tenants by the entirety, so it passes automatically to your spouse.
Want to learn more about trusts? Discover what is included in a trust.
