Testate Estates in Florida
Testate: dying with a valid will. FL requirements (Section 732.502): signed by testator, 2 witnesses, in each other’s presence. vs. intestate: testate = will directs; intestate = FL statutes direct. Process: file will (Section 732.901: 10 days), admit to probate, appoint PR, administer (inventory, debts, distribute), close. Challenge: capacity, undue influence, fraud, execution, or revocation. Contestant bears burden (except undue influence presumptions).
Requirements
- Signed, 2 witnesses (Section 732.502)
- In each other’s presence
Process
- File will within 10 days
- Admit, appoint PR, administer
- Close with final accounting
Challenge
- Capacity, undue influence, fraud
- Execution, revocation
- Contestant bears burden
Related Terms
- Intestate — No will
Barnes Walker Estate Planning
Barnes Walker’s attorneys handle testate estates in Florida. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 731–735 (Florida Probate Code)
The Florida Probate Code governs the administration of decedents' estates, including the appointment of personal representatives, creditor claims, and distribution of assets.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC