Does a will need to be recorded in Florida?

No, a Florida will does not need to be recorded to be validly executed. However, your will is typically submitted to a probate court after you die, and at that point it will be part of the public record.

Some legal documents need to be recorded. Recording means making a public record of your transaction. For example, you should record deed transfers with the county clerk of court. Recording legal documents, like deeds, involves filing them with the county clerk's office. This makes the documents accessible to the public.

But a will is not recorded in Florida. To execute a will, you must (1) sign the will end of the document (2) in the presence of two witnesses, (3) who themselves sign that same will (4) in your presence and (5) in the presence of each other. You should probably also include a notarized self-proving affidavit in the will. None of the requirements involves recording.

All that being said, after you pass away, your will is admitted into the probate court. Probate is the legal process where a court validates your will, ensures your debts are paid, and distributes your assets to your heirs. During this process, your will becomes part of the public record. In Florida, your will must be submitted to the probate court within 10 days of your death.

Wills aren’t recorded because they can be changed at any time during a person's life. Recording would imply permanence, which contradicts the ability to update or revoke a will. Probate, on the other hand, ensures that a will is validated after death and administered according to law.

If you want to avoid having your assets become part of the public record, you should speak with an estate planning attorney about whether setting up a living trust is the right decision for you. Living trusts avoid the probate courts and thus can keep your assets private.