A holographic will, or handwritten will, is valid in Florida only if it meets specific requirements set forth by law. These requirements include that the will meets specific execution standards, is properly witnessed, and names beneficiaries. If the document does not meet these standards, the will cannot be used in the probate process, giving the power of the estate to the courts and making the process all the more difficult.
A holographic will should only be used in extreme situations, such as if the person does not have a will and has to have immediate surgery.
The best thing to do is to draft and update your will far before anything happens to you. If you have any assets of value, you need to draft a will, regardless of your age. You want to make sure that if something happens to you, your wishes are carried out and your loved ones are not stuck with a lengthy, painful probate process.
Your will should include monetary assets, no matter how minute, physical assets, such as a boat or house, non-physical assets, such as intellectual property, and digital assets, such as an EBay or online gaming account.
If you do not have a will or estate plan, you should contact an estate-planning attorney. It is never too early or too late to draft a will, that is, until you are deceased.
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