Partner with the Millman Law Group when filing your will in Florida for best results.
Filing your Will is a critical step in ensuring your estate is handled according to your wishes after you pass away. If you’re creating or updating a Will in Florida, it’s essential to understand how to create a valid will, the role probate plays, and how your personal representative is responsible for filing the will. Additionally, knowing the correct venue for filing ensures that your will is processed smoothly. The Millman Law Group and our team of skilled attorneys are here to provide you with what you need to know about filing your will in Florida and how to make sure it’s legally recognized and properly managed.
Creating a Valid Will
Creating a Will with your estate planning attorney at the Millman Law Group is the first thing you must do to prepare for the future of your assets and estate. When you work with a professional, you can be confident that this essential legal document was prepared professionally and correctly. In Florida, your Will must conform exactly to the law’s requirements, or it will be considered invalid. So, how can you make sure your Will is valid? Your Will must:
- Be in writing
- Made by a person at least 18 years of age of sound mind.
- Signed by the testator
- Signed by the testator in the presence of two witnesses, who must then sign the Will in the presence of each other.
If it sounds confusing, your attorney can explain the process in a way that is understandable and accessible.
Your Will and Probate in Florida
What happens to your Will after you die? Your estate must go through probate before assets are distributed to your heirs. Having a Will does not mean you can avoid probate. However, a Will prevents your estate from going through the longer and more expensive probate that results from intestacy statutes. Intestacy refers to when an individual has an invalid or nonexistent Will. When you work with your Millman Law Group attorney to craft your estate plan, you can ensure your Will is valid and discover estate planning methods, such as creating trusts, to help you avoid probate as much as possible.
Filing Your Will: The Job of Your Personal Representative
After death, the personal representative named in the Will is responsible for filing the Will with the court. An attorney can also file the Will. However, the Will filed with the court must be the original copy. It must be filed within ten days of the decedent’s death. The custodian of the Will must provide the court clerk with the date of death or the last four digits of the decedent’s social security number.
Filing the Will in the Proper Venue
A person’s Will cannot be filed anywhere, but must be filed in the proper venue. In legal terms, “venue” refers to the proper location for filing a document. When filing a Will, the custodian must file the original with the circuit court clerk in the county where the decedent lived at the time of their death.
If you are concerned about following all necessary procedures when filing a Will, partner with an estate planning attorney at The Millman Law Group to shepherd you through the process.
Estate Planning Made Easy With Millman Law Group
Millman Law Group, PLLC is rare because it’s one of the only law firms that offer life planning in South Florida. From life care planning to the preparation of detailed estate plans, Millman Law Group has committed to serving Floridian elderly communities in Boca Raton, Palm Beach County, Ocean Ridge, Hillsboro Beach, and many other areas since 2018. Our dedicated team also specializes in special needs Trusts and catering to any age demographic because we know for certain it’s never too early to start preparing you and your family for your future. For the latest news in estate planning and elder care law, follow us on Facebook, Twitter, Linked In, and Pinterest. You can also contact us at 561-463-6480.