A will is the foundation of almost every Florida estate plan. It directs who receives your property, names the person who will settle your affairs, and — critically for parents — names a guardian for your minor children. But a will only works if it is executed exactly the way Florida law requires. A will signed without the right witnesses is not "mostly valid." It is void, and your estate is treated as if you left no will at all.
This guide walks through the legal requirements for a valid will in Florida, the most common mistakes that invalidate one, and the options for signing a will online.
Who Can Make a Will in Florida?
Under F.S. § 732.501, any person who is at least 18 years old (or an emancipated minor) and of sound mind may make a will. "Sound mind" means you understand, in a general way, the nature and extent of your property, your relationship to the people who would normally inherit, and the effect of signing the will.
The 6 Steps to a Valid Florida Will
- Confirm you are eligible. You must be 18 or older (or emancipated) and of sound mind (F.S. § 732.501).
- Decide what the will must cover. Name a personal representative (executor), identify your beneficiaries and what each receives, name a guardian for any minor children (F.S. § 744.3021), and address any Florida homestead property.
- Put the will in writing. Florida does not recognize handwritten unwitnessed wills or oral wills. The will must be a written document.
- Sign in front of two witnesses. Sign the will at the end. Two witnesses must be present and must each sign the will in your presence and in the presence of each other (F.S. § 732.502).
- Add a self-proving affidavit. Sign a notarized self-proving affidavit (F.S. § 732.503) so the court can admit the will without tracking down your witnesses years later.
- Store the will safely. Keep the signed original somewhere safe and accessible. Whoever holds it must deposit it with the clerk of the circuit court within 10 days of learning of your death (F.S. § 732.901).
Florida's Signing Requirements (The Part People Get Wrong)
The single most important statute is F.S. § 732.502, which sets out how a will must be executed. All three of the following must happen:
- The testator (you) signs the will at the end, or another person signs the testator's name at the testator's direction and in the testator's presence.
- Two witnesses are present when you sign (or when you acknowledge your signature).
- Both witnesses sign the will in your presence and in the presence of each other.
Does a Florida Will Have to Be Notarized?
No. A Florida will is valid without a notary as long as it is signed by you and two witnesses. However, you should still notarize a self-proving affidavit under F.S. § 732.503. This is a short statement, signed by you and both witnesses in front of a notary, confirming the will was properly executed. Without it, the probate court may require your witnesses to testify years later — which is difficult if they have moved, lost contact, or died. A self-proving will is admitted to probate far more smoothly.
Is a Handwritten or Oral Will Valid in Florida?
This is one of the most misunderstood points in Florida estate law:
- Holographic wills (entirely handwritten and signed without two witnesses) are not valid in Florida — even if they would be valid in the state where they were written (F.S. § 732.502(2)). A handwritten will is only valid in Florida if it was witnessed by two witnesses like any other will.
- Nuncupative wills (spoken/oral wills) are never valid in Florida, under any circumstances.
If you moved to Florida with a handwritten will from another state, have it reviewed — it may not hold up here.
Can You Make a Will Online in Florida?
Yes. Florida was an early adopter of electronic wills. Under the Florida Electronic Wills Act (F.S. §§ 732.521–732.525), effective July 1, 2020, a will can be created, signed, and witnessed electronically, including through remote online notarization where the testator and witnesses appear by audio-video technology. An electronic will must meet specific safeguards and is typically held by a qualified custodian who maintains the electronic record.
What a Will Cannot Do
A will is essential, but it has limits. Understanding them is the difference between a plan that works and one that surprises your family:
| Goal | Does a Will Achieve It? |
|---|---|
| Name a guardian for minor children | Yes — only a will can do this (F.S. § 744.3021) |
| Name who settles your estate | Yes — names your personal representative |
| Avoid probate | No — a will must go through probate |
| Keep your affairs private | No — a probated will is a public court record |
| Manage assets if you become incapacitated | No — a will only takes effect at death |
| Override beneficiary designations | No — IRAs, life insurance, and POD accounts pass outside the will |
Because a will does not avoid probate, most Florida homeowners pair a will with a revocable living trust. The trust avoids probate; the "pour-over" will acts as a backstop and names guardians for children.
What Happens If You Die Without a Will in Florida?
If you die without a valid will, you die intestate, and Florida's intestacy statutes (F.S. §§ 732.101–732.103) decide who inherits — generally your spouse and descendants in fixed shares set by law. The court, not you, also appoints your personal representative and decides guardianship for minor children. The result frequently differs from what most people would have chosen. Our companion guide explains the default shares in detail: What Happens If You Die Without a Will in Florida.
How to Change or Revoke a Florida Will
You can revoke a Florida will by a later writing (a new will or a codicil) or by a physical act — burning, tearing, canceling, or destroying it with the intent to revoke (F.S. § 732.506). Major life events should always trigger a review: marriage, divorce, the birth of a child, a move to Florida, or a significant change in assets. Note that under F.S. § 732.507, divorce automatically voids gifts to a former spouse in most cases — but you should still update the document.
Frequently Asked Questions
Related Reading
- Trust vs. Will in Florida: Which Do You Need? — why most homeowners pair a will with a trust.
- What Happens If You Die Without a Will in Florida? — the intestacy shares the state imposes.
- How Long Does Probate Take in Florida? — what your family faces with a will-only plan.
Make Your Florida Will the Right Way
Answer a few guided questions online and Cornerstone will prepare your Florida will — properly witnessed and self-proved — reviewed by Arthur Simpson, Esq. before you sign.
Start Your Florida Will →This article is for general informational purposes and does not constitute legal advice. Estate planning is highly fact-specific. Consult a licensed Florida estate planning attorney regarding your individual circumstances. Arthur Simpson, Esq. is licensed to practice law in the State of Florida.