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Mary Beth Kelly

Are holographic wills legal in Florida?

On Behalf of | May 11, 2021 | Estate Planning |

When you’re making a will, you need to follow the legal requirements for the state where you are making the will. In Florida, there are laws that determine what a person must do in order to create a valid will. You may wonder whether the state recognizes holographic wills.

Does the State of Florida recognize holographic wills?

A holographic will is a document that is written in the person’s handwriting but not attested to by any witnesses. The State of Florida does not recognize these wills. Under Florida Probate Code Chapter 732, an individual must sign their will in the presence of two witnesses. Even if the will is written entirely in the person’s own handwriting, it is not a valid document unless it complies with the witness requirements stated in the law for creating a will.

Can a handwritten will be valid in Florida?

Yes, a handwritten will can be valid in Florida. Even though holographic wills are not recognized in Florida, a handwritten will that complies with the witness requirements of the law is still valid. Estate planning can be done with a person’s own handwriting, but the person must still have two witnesses.

The witnesses must attest to the will in the presence of each other as well as in the presence of the person making the will. In addition, the person making the will must be at least 18 years old or an emancipated minor. They must also be of sound mind.

Creating a valid will in Florida

Understanding the requirements for making a will can help ensure that your documents are valid and binding. An attorney may help you create a handwritten or typed document that has the necessary witnesses and complies with other legal requirements. When a will follows Florida law, it allows a person to state their last wishes and determine the disposition of their estate.