When thinking about the future, you may be hesitant to start estate planning due to how long and complex this process can be. Instead, as a way to save time and money, you may be interested in creating a holographic will. This is essentially a will you write entirely by hand without legal assistance. However, it’s critical to understand that these are not valid in some states, so your wishes may not be honored. If you live in Florida and want to create a holographic will, it’s imperative to read this blog first. You’ll learn whether or not these are valid in Flordia and why it;s in your best interest to connect with a Tampa wills lawyer who can help you through this process to ensure your assets and loved ones are cared for.
How Does a Holographic Will Work and Are They Valid in Florida?
A holographic will is a will that is entirely handwritten by its creator. Unlike other documents that are typed and printed or forms that are filled in by the creator, also known as the testator, a holographic will is entirely written by hand. They also do not need to be notarized or have witnesses sign them. Typically, witnesses are present in these matters as they are necessary to ensure the creator was of sound mind at the time the will was created.
It’s imperative to understand that many states do not accept holographic wills or only accept them under certain conditions. Florida does not accept these wills under any circumstances. As such, if you create a holographic will, or have a holographic will that is honored in another state, it will not be valid in Florida.
What Can I Do Instead?
If you want to create a will, understanding your options is critical. You may assume that if you cannot write your own document, you can find a “do-it-yourself” form online. However, these are not recommended either as they can be deemed invalid. These forms are not state-specific, meaning there may be language in the document that is not honored in Florida, rendering part or all of your will invalid.
In Florida, for a will to be valid, it must be in writing, meaning oral wills are not valid either, must be signed by the testator, and must be signed by two witnesses. As such, you may choose to still handwrite your will and have it signed by the appropriate parties to be deemed valid. However, you should not do so, as you’ll find that creating a will is a very complex matter. You may forget assets or include terms that invalidate part or all of your will, meaning your assets will not be distributed according to your wishes but rather in accordance with the Flordia intestate laws.
As you can see, it’s imperative to connect with an experienced attorney who can help guide you through these complicated times. At Tampa Law Group, our goal is to make this process as easy as possible for you while ensuring you walk away with a comprehensive estate plan. Connect with our team today to learn how we can guide you through this process to ensure your wishes are met and your loved ones are cared for.
