How does the court get my electronic will when I die?

Florida Statute 732.901 directs that the custodian of a last will and testament must deposit the will with the clerk of court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead.

That being said, there are two different ways the “deposit” of your will can be facilitated.

1. As part of our service, you will receive a fully executed copy of your electronic will on paper, along with an original notarized certificate from the qualified will custodian certifying the copy to be an authentic and unaltered copy of the original.  You can keep this paper will in a safe place (as you would a traditional will), and make a responsible person of your choosing aware of it’s location.  The court should accept this document as the deposit of the, “original will”, since it is an electronically notarized document.  This is the preferred method.

2. If Florida Document Specialists is made aware of the passing of a person whose electronic will is in our custody, we are required by law to deposit the will with the clerk of court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead.  There is no additional charge for this service.

 

 

Category: FAQ Electronic Wills

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