St. Augustine Will Attorneys

• If you are single with no descendants or living parents, your estate will pass to your siblings.
• If you are single with no descendants, living parents, or siblings, your estate will pass to your nieces and nephews.

These are just a few examples of how assets are distributed when a person dies intestate. If you would like to have more control over how your assets are divided, it is important to create a will.

How to Create a Will in St. Augustine

Creating a will is a relatively straightforward process. However, to ensure that your will is legally binding and will be enforced after your death, it is a good idea to work with an attorney.

Here are the basic steps of creating a will in St. Augustine:

1. Make a list of your assets and debts. This will help you determine the approximate value of your estate.
2. Choose a personal representative for your estate. This person will be responsible for managing your estate and ensuring that your wishes are carried out.
3. Decide how you want your assets to be distributed. You may choose to divide your assets equally among your beneficiaries or leave specific assets to specific people.
4. Name a guardian for your minor children (if applicable). This person will be responsible for raising your children if you pass away before they turn 18.
5. Choose a will executor. This person will be responsible for managing the process of distributing your assets as outlined in your will.
6. Meet with an attorney. An experienced attorney can help you draft a legally binding will and ensure that it meets all of Florida's legal requirements.
7. Sign your will in the presence of witnesses. In Florida, a will must be signed by the testator and two witnesses. The witnesses must also sign the will in the presence of the testator.

After your will is signed, it is important to store it in a safe place where it can be easily accessed by your loved ones after your death.

How to Make a Will Legal in St. Augustine

In St. Augustine and throughout the state of Florida, several legal requirements must be met for a will to be considered valid. If a will does not meet these requirements, it may be considered invalid and will not be enforced.

Some of the key requirements for a valid will in Florida include:

• The testator must be at least 18 years of age. If a person is under the age of 18, they may not create a legally binding will.
• The will must be in writing. A will may be typewritten or handwritten.
• The will must be signed by the testator. The testator must sign the will in the presence of two witnesses.
• The witnesses must sign the will. The witnesses must sign the will in the presence of the testator and each other.

These are just a few examples of the legal requirements that must be met for a will to be considered valid. If you are not sure whether your will is legally binding, it is a good idea to seek the help of an attorney. An attorney can review your will and ensure that it is valid.

FAQs About Wills

What is probate and how does it work?

Probate is the legal process through which a deceased person's will is validated, and their assets are distributed under court supervision. This process is handled by the St. Johns County Probate Court. The process involves submitting the will to the court, appointing a personal representative, notifying creditors, paying valid debts and taxes, and distributing the remaining assets to beneficiaries. Probate can be time-consuming and may take several months to a year depending on the complexity of the estate. Having a clear and properly executed will can significantly streamline the process.

Can I update my will after it’s been created?

Yes, you can and should update your will as needed. Life events such as marriage, divorce, the birth of children, relocation, or significant changes in assets often warrant a review and update of your will. In Florida, you can update a will by creating a new will that explicitly revokes the previous one or by adding a codicil, which is a legal document that makes specific changes to the existing will. It’s important to follow the same signing and witnessing requirements when updating or revoking a will to ensure it remains legally valid.

Do I need a lawyer to make a will in St. Augustine?

While it is legally possible to write your own will in Florida, hiring an experienced estate planning attorney is highly recommended. Our St. Augustine wills attorney can help ensure your will complies with Florida law, reflects your wishes accurately, and avoids potential challenges during probate. DIY wills often lead to mistakes or ambiguities that can delay or complicate the administration of your estate. We can also advise you on related matters such as trusts, healthcare directives, and powers of attorney.

Contact Our St. Augustine Wills Attorneys Today

At Owenby Law, P.A., we understand the importance of careful estate planning. Our St. Augustine wills lawyers can help you create a legally binding will and ensure that your wishes are carried out after your death. We can also help you enforce the terms of a will or defend against a will contest.

To schedule an initial consultation with our experienced legal team, call (904) 770-3141 or contact us online today.