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Does Florida recognize electronic wills?

On Behalf of | Oct 30, 2024 | Estate Planning

Digital technology has made it easier than ever before for people to share information and communicate with one another. It can help people handle matters that they find challenging or unpleasant, like estate planning. There are many ways in which modern technology could potentially facilitate the estate planning process.

For example, people can research the basics of local regulations and paperwork requirements online. In theory, they may also be able to draft digital documents instead of traditional printed or handwritten estate planning paperwork. However, the law is often slow to respond to changes in technology even as people readily adopt systems that make life more efficient.

Can testators establishing estate plans in Florida create electronic documents, or is a physical document necessary for an estate plan to be enforceable in probate court?

Florida updated the law several years ago

Electronic wills are not yet valid in many states. However, Florida lawmakers have already updated probate statutes to acknowledge the potential validity of digital wills and even remote notarization of crucial paperwork.

There are a variety of requirements for an electronic will to be a valid testamentary instrument. For example, people generally have to use specific services to create valid documents. They also need to have witnesses, although electronic communications can be used for the witnessing process as well.

Testators do not need to print and physically sign their documents for them to be valid, provided that they use an appropriate system for applying an electronic signature to a digital will. Such arrangements can be beneficial for those who live in remote locations, those experiencing medical challenges and those who want to consult with an attorney who works in a different county or city than where the testator lives.

Just because a testator can draft a will electronically does not mean they should do so without support. An attorney can help a testator arrange an electronic will signing and ensure it complies with all statutory requirements.

Individuals hoping to establish effective estate plans in Florida may want to learn more about what the state requires for the establishment of valid documents. Electronic wills can sometimes be viable options for those hoping to take control of their legacy, name a guardian for their children or choose the personal representative who should administer their estate, but not always.