Does a will need to be recorded in Florida?

No, a Florida will does not need to be recorded to be validly executed. However, your will is probated after you die, and at that point it will be part of the public record.

Is a last will and testament recorded in Florida?

Some legal documents need to be recorded. Recording means making a public record of your transaction. For example, you should record deed transfers with the county clerk of court.

But a will is not recorded in Florida. To execute a will, you must (1) sign the will end of the document (2) in the presence of two witnesses, (3) who themselves sign that same will (4) in your presence and (5) in the presence of each other. You should probably also include a notarized self-proving affidavit in the will. None of the requirements involves recording.

All that being said, after you pass away, your will is admitted into the probate court. At that point, your will becomes public record. If you want to avoid having your assets become part of the public record, you should speak with an estate planning attorney about whether setting up a living trust is the right decision for you. Living trusts avoid the probate courts and thus can keep your assets private.

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What happens to a living trust after death?

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Is a trust legally binding?