Question 1: Where do I file my will in Florida?
There is no Florida law that requires you to file a last will and testament with any state, federal, or local agency. Making a last will is completely optional. If you choose to make a will in Florida, that document has to contain specific elements as outlined in Florida law. Once you’ve made the document you must then make sure that someone files it with the probate court after you die. However, there is no additional requirement that you register your last will with a state agency before it is submitted to probate.
Question 2: What about my living will?
Living wills, though they have different requirements and serve different purposes than a last will and testament, also have no registration requirements associated with them. Unlike a last will and testament, your living will is a document that you use when you are alive but incapacitated. It expresses your medical decisions to your healthcare providers so they can know what you want should you be unable to express yourself. Florida does not require you to register your living will.
Question 3: If I don’t register it, how do I keep it safe?
You have several options when it comes to making sure your important documents are secure. You might consider using a private registration service, but you can also just as easily keep your documents in a safe place or give them to people you trust. Either way, you will want to be certain that your important documents are kept safely and are ready when needed.
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