Common Questions about Florida Oral Wills

Probate

Oral wills were traditionally utilized when an individual was too sick or otherwise not able to compose. Concern 1: What is a nuncapative will? – Response: A nuncapative will is simply a fancy method to state oral or verbal will. With an oral will, the testator– the individual who makes the will– mentions his/her dreams verbally instead of composing them down.

Question 2: Can I utilize an oral will rather of a composed will?
Answer: Not in Florida. A small minority of states presently allow individuals to utilize an oral will, Florida is not one of them. Even if you make a statement about how you want your property to be distributed after you pass away, a Florida court will not acknowledge this as a legitimate will. Rather of recognizing your dreams, the court will either acknowledge an old will or, if you do not have one, will use the state’s intestacy laws to determine how your estate will be distributed.

Question 3: What if I reside in a state that recognizes oral wills?
Answer: In general, a Florida court will acknowledge an oral will if it is made in a state that acknowledges such wills. If you live in more than one state and have property in both, it is best to have a will that complies with the laws of both states so there can be no confusion when it comes time to identify if your will is legitimate.