A last will and testament can be emotional to deal with, but this document is a very important part of the estate planning process and the process of ensuring that someone’s last wishes are handled the way they prefer.
If you are helping a loved one create a will in Florida or if you are crafting your own will in the state, you may be wondering if this document becomes public record. Our article is here to give you an overview of wills in Florida and to answer your questions about how public or private these documents may be.
What Is Considered Public Record in Florida?
Like many other states, Florida Statutes define public record in the state. In Florida, public records can be documents such as criminal records, civil court records, marriage and divorce decrees, birth and death certificates, and certain education, employment, and property records.
These records are made public so that any member of the public can access them, allowing the review of public documents and enabling the public to keep an eye on the processes of the judicial system in the state.
Members of the public can also conduct research on family members and those they live around via the public record to ensure those they interact with regularly are safe to be around.
What Is a Last Will and Testament?
A last will and testament is a document that outlines someone’s last wishes, and it is generally part of an estate plan. Within a will, an individual will name an Executor, who is the person who carries out the will and completes all filings upon the person’s death, and beneficiaries, who are individuals who stand to inherit something from the deceased’s estate once they pass.
The creation of a last will and testament in Florida can be confusing, and it is generally recommended that you work with an attorney to create this document to ensure that it is valid and enforceable in court.
Can Anyone Create a Will?
You don’t need to be near the end of life to create a will. In fact, many individuals will be proactive about creating their will to ensure that their wishes are honored and that they have designated decision-making individuals as needed.
Additionally, individuals may create their will as part of an estate plan and update it as needed, ensuring that their estate, assets, and last wishes are all honored after they pass or become too ill to engage in decision-making.
If you are interested in creating an official will in Florida, or if you wish to help an older loved one in your life create their will, you can meet with an estate planning attorney in your area.
Are Wills Public Record in Florida?
In general, someone’s last will and testament is not part of the public record in Florida. These documents are considered private, and they often have very sensitive and personal information within them. While someone is living, you cannot see their will, and only the person and their attorney, and potentially the chosen Executor of the Will, may be able to access this document.
That being said, there are some actions in Florida that can lead to the will becoming public record after a person passes away. Most notably, if the Executor of the will files for probate; probate must be filed in Florida if there are assets in the will to pass on, and probate must be completed in the state in order for the beneficiaries of the will to receive inherited money and property, among other items named in the will.
There are some ways to avoid the probate process in Florida, and some individuals choose to do this so that the execution of their will after their death can be kept as private as possible.
How Do I Avoid Probate in Florida?
Avoiding probate is necessary in Florida if you wish to keep your last will and testament off the public record. Typically, you will need an estate attorney to help you with your estate planning if you wish to avoid probate in Florida.
Your attorney can help you create trusts that pass on your assets, in addition to helping you understand certain Florida laws that can allow you to pass on assets and craft your last will and Testament around the process of avoiding a drawn-out and expensive probate after you pass.
FAQs About Wills and the Public Record
When it comes to dealing with a last will and testament and the public record, it can be confusing to keep all of the information you need to know straight. Below, we answer the most frequently asked questions about wills and the public record.
Are There Legal Consequences to Not Filing for Probate?
Unless steps have been taken to bypass this process, probate must be filed in Florida after someone passes and their last will and testament needs to be executed. There may be serious legal issues in not filing for probate, such as legal challenges from beneficiaries suing the Executor of the Will, unresolved issues with the will, and difficulty passing on assets such as finances and properties. Your attorney will help you better understand the probate process and your options for avoiding it, if you wish to do so.
Who Can Access Will Documentation?
In general, the beneficiaries named in your will have access to this document, as do your attorney, the Executor of the Will, and any other individual named in your will who might be important to you.
Before your will enters the probate process in Florida, only these individuals can access your will and review its details. However, after probate is filed for your estate in order to execute the will, this document becomes public record, and anyone who is interested in reviewing it might be able to access it.
Typically, you will need to go to the county courthouse or state Vital Records office to request a copy of a last will and testament.
Where Can I Find Florida Public Records?
Florida public records can be found in a number of different places, as these records are available for anyone to review and inspect. Where you look for Florida public records depends on the exact type of public record you are trying to find.
For example, criminal records can be found in courthouses, but also on county jail websites and in certain publications outlining arrests. Civil court records and property records can be found through a County Recorder’s office, as can marriage and divorce records. You can find birth and death certificates at your county’s Vital Records office.
If you are looking for a more convenient way to access all of these different types of public records at once, you may want to consider using an online public record search tool. This tool will allow you to quickly search all public records in someone’s name without manually wading through government websites and potentially paying fees to access the public record documents you are interested in. Simply type in the name of the person you are searching for, run the search, and then look through the compiled report at all of the public records you might be interested in.
When Do I Need an Estate Attorney?
You will find that you need an estate attorney during the estate planning process and during the creation of a last will and testament. If you have any questions about your estate or naming beneficiaries, in addition to details on avoiding probate or keeping your will private, you should take them to your estate attorney in Florida.
It’s essential to ensure that all documentation and legal decisions are made according to Florida law so that they will be valid and hold up to potential legal challenges.
Keeping Important Will Documentation Private
Dealing with a last will and testament in Florida can be emotionally challenging, and you may be interested in keeping these documents private, regardless of whether you are creating the will for yourself or acting as the Executor of the Will.
While there are some cases in which this document will become part of the public record during the probate process, there are ways to keep your will private and bypass the often lengthy and costly probate process.
Speak to your estate attorney if you have concerns about the privacy of your last will and testament, and always follow Florida state legal guidelines when it comes to creating your will and ensuring that it is executed properly.
