How to write a legal Will?

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How to write a legal Will?

My friend, a senior citizen, went to the library to get a form to fill out her Will. We went to the courthouse to have it recorded but they said they don’t do that. What does she need to do to make this legal? She’s on very limited income, only Social Security.

Asked on July 25, 2018 under Estate Planning, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Assuming the form your friend filled out comports with state law, it should be legal. However, there are also online forms that can be purchased for under $100 that do comply with state law. Either way so long as the Will is properly executed, she should have no problem. In FL. the testator (i.e. the person who is making theWill) must sign it in front of 2 witnesses, and the witnesse must sign also sign the Will. You do not need to notarize A Will to make it legal, however FL permits a Will to be "self-proving", so you'll need to go to a notary if you want to do that. A self-proving Will speeds up probate because the court can accept the Will without contacting the witnesses who signed it. To make a Will self-proving, the testator and their witnesses need go to a notary and sign an affidavit that proves who they are and that each of them knew they were signing the Will.


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