Wills

A Will is a document that designates to whom you wish to leave your assets that are titled in your name at your death. A Will does not cover any jointly owned assets or assets that have designated beneficiaries. A Will must be signed in the presence of two different witnesses. A Will does not have to be notarized. If you use an attorney, the attorney will many times attach a proof of will, which is a document that does need to be acknowledged by the person making the Will called the testator or testatrix, as well as the witnesses to the will, sign the will in the presence of each other. The notary public then notarizes this. If the Will has a self-proving affidavit, then it will not be necessary to obtain the testimony of one of the witnesses that the Will was signed in the presence of. A Will needs to be probated and letters of administration need to be issued to administer the assets of the decedent’s estate, who has a Will. The Will designates a personal representative formally known as the executor to perform this function. Florida requires that the person designated in the Will as the personal representative cannot be a convicted felon and must either be a resident of the state of Florida or related to the person making the Will.