Legal Requirements For Creating A Clearwater Will And What It Should Contain

A will plays an important role in Clearwater estate planning. In the event of your passing, it acts as a guide through Pinellas County Probate Court proceedings, determining how property and assets are divided and protecting your loved one’s rights throughout the process.

Experienced Clearwater estate planning attorney William Rambaum provides the trusted, local legal guidance you need when putting a will in place. He explains four legal requirements for a will in Florida and important provisions it should contain.

Four Legal Requirements For Creating A Will In Pinellas County

Unexpected events happen. You can never be fully prepared for the loss of a loved one, but having a will makes a difficult time a little easier. In the event of your death, the Pinellas County Probate Court oversees the settlement of your estate.

This involves closing accounts, liquidating assets in some cases, filing claims, notifying creditors, publication of notice of your death, paying off past debts, filing final tax returns, and distributing property and assets. Your will acts as a guide, conveying your final wishes and protecting the rights of your loved ones. In order to be legally valid in Florida, your will must meet the following four requirements:

1. Your will must be made while you are of sound mind, meaning you are fully aware of your actions and the legal ramifications;
2. Your will must be signed by the testator, which is the person creating the will;
3. Your will must be signed by two witnesses;
4. Your will must be in writing, as oral and holographic wills.  A holographic is handwritten and without witness signatures, and it is not legally valid in Florida unless it was signed in another state in which holographic wills are valid.

What To Include In A Clearwater Will

Under the Florida Statutes, a will must meet the above requirements to be considered valid in the Pinellas County Probate Court. Getting legal help from an experienced Clearwater estate planning attorney is strongly recommended.

This can help prevent a will contest, which is when someone disputes its validity or the provisions your will contains. In addition to legal requirements, your will should also include the following:

• A designated personal representative, which is someone you trust and authorize to administer your estate;
• Your instructions as to the distribution of all assets, including homes, vehicles, personal belongings, and other property, as well as business interests, investments, and money in bank accounts;
• Identification of beneficiaries, which could be friends, family members, non-profit groups, or others you wish to inherit from your estate.

 Schedule A Consultation With Our Clearwater Estate Planning Attorney

A will plays an important part in Clearwater estate planning. It acts as a guide through Pinellas County Probate Court proceedings, clarifies final wishes, and ensures your loved ones are protected. Experienced Clearwater estate planning attorney William Rambaum provides the trusted, local legal guidance you need to create a valid will. Give us a call or contact us online today to schedule a consultation.

Sources:

mypinellasclerk.gov/Home/Probate-Mental-Health

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0732/Sections/0732.502.html