If someone dies without a last will and testament in the state of Florida, they are considered to have died intestate, meaning statutory law determines how their property will be divided amongst surviving heirs. Having a valid last will in place is the safest way to ensure your final wishes are honored and your property is distributed according to your desires.
A last will is a formal document wherein you can leave directions for how the following should be handled after your death:
- The distribution of your assets,
- The selection of a guardian for any minor children, and
- The designation of your personal representative, or executor.
Your personal representative will act on your behalf to administer your estate through the Florida probate process, during which time your creditors will be paid and your heirs will receive their distributions of your assets. Your personal representative must be a Florida resident or your spouse, sibling, parent, or child. An experienced last will and testament attorney can help you select the best candidate to be your personal representative as part of your thorough estate planning process.
A Valid Florida Last Will
In order to be considered valid, your last will must be in writing and must be signed by you, the testator, in the presence of two witnesses, who will also then sign the will. After your death, your heirs must prove your will by presenting evidence to the court that it was properly executed before they can begin the probate process. This step can be made easier for your loved ones by creating a self-proving will with a notary in attendance.
In the state of Florida, a last will that does not comply with the rules of signing and witnessing can be challenged and found to be invalid. For that reason, it’s important to enroll the help of knowledgeable wills lawyers near you to assist in the creation of your last will.
If you believe that a loved one’s last will and testament was not drafted or executed properly, you need the guidance of experienced Florida will contest attorneys to help you contest the will in probate court here in Tampa, Florida.
AWS Law – Your Solution for All Estate Planning and Last Will Needs in Tampa, FL
AWS Law consists of a dynamic and highly talented team of wills and trusts attorneys who can help you customize your last will and testament to meet all of your needs and desires. Our wills law firm takes pride in providing exceptional legal services that help families plan for the future wisely with personalized solutions for even the most complex of estates here in Tampa, FL.
When it comes to creating something as important as your last will, don’t hesitate. Having a valid last will in place as part of your estate planning documents can bring you unmatched peace of mind that your loved ones will be looked after and your final wishes respected.
We will walk you and your family through the entire process and ensure your document is compliant with Florida law. Call any time, day or night, to schedule a no-cost, no-obligation initial consultation with Attorney Aaron Saoud and our AWS Law team to discuss your goals for your family’s future.
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