Does a Will need to be filed with the Court in the state of Florida? Does a Quit Claim need to be filed in the state of FL

While I do not practice in the area of wills/trusts/estates I am familiar with many attorneys in Florida who do. Please feel free to contact me for their names/telephone numbers. You may also want to contact your local Bar Association for a referral. Take care, Chelsie www.chelsielamie.com Disclaimer: legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. This information is not intended as legal advice for an individual situation, it is only provided as information.

A will does not get filed with the court. However, make sure someone other than you and your husband knows where the will is so they are able to find it should something happen to you and your husband. A quit claim deed does get recorded. However, I don't think you need one. If you and your husband own the house as joint tenants there is no need for a quit claim deed as there is already right of survivorship. If you and your husband own the house as tenants in common you can put into the will that your interest in the house shall pass to your husband and vice versa.

You will want to have your wills reviewed by a local trust and estate attorney. For example, you did not mention in your question that you and your husband signed your wills before two subscribing witnesses. Florida has very specific requirements which need be met for wills to be valid and effective. Disclaimer: Please note that this answer does not constitute legal advice and should not be relied on because each state has different laws, each situation is fact specific, and it is impossible to evaluate any legal problem without a comprehensive review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

It is always good to review your estate plan on a regular basis. Your wills should be kept in a safe place where your Personal Representative will know where to locate them. They are not required to be filed in court until the time of your death (the person in custody of your will has 10 days within the time of your death to file the will the in the probate court). As far as the Quit Claim Deed, the Deed needs to be filed (recorded) in the Recorder's Office in the county where the property is located. If you do not currently have an attoreny, and should you have further questions, plesae feel free to contact me. Douglas R. Coenson, Esq. [email protected] (561) 315-2120 Jupiter, FL