How to Write a Will in Florida (2026 Guide)

This is general legal information for Florida, not legal advice. Will laws change, and specific situations can have exceptions. For any complex case, consult a licensed attorney in Florida.

Why Having a Will Matters

A will is the simplest, clearest way to say what happens to your property, your minor children, and your affairs after you die. Without one, you die "intestate" and Florida’s default inheritance rules (called intestate succession) take over. Those rules are rigid and generic — they do not know your relationships, your intentions, or the people you care about most. They follow a fixed formula.

The cost of skipping a will is not hypothetical. It plays out the same way in Florida as everywhere else: unmarried partners locked out, stepchildren with nothing, pets in shelters, court-appointed administrators, family disputes over items and money, and a probate process that is slower, messier, and more expensive than it needed to be. Whatever you own — even if you think it’s "not much" — someone will have to deal with it after you’re gone. A will decides whether that someone is you or a judge.

A simple Florida will takes about ten minutes to draft using a free tool and costs nothing. You can start drafting yours now. The rest of this guide walks you through what makes a will legally valid in Florida and how to avoid the technical mistakes that most commonly cause wills to be thrown out.

Florida Will Requirements at a Glance

• Minimum age: 18 years old (Emancipated minors may make a will (Fla. Stat. § 732.501))
• Written form: Must be in writing. Can be typed or printed. Florida is strict about formalities
• Witnesses required: 2
• Notarization: Not required for a standard signed will
• Self-proving affidavit: Yes — recommended, it speeds up probate later
• Holographic (handwritten) wills: No
• Electronic wills: Yes

Testamentary Capacity

The testator must be of sound mind, understanding the nature and extent of the property to be disposed of, the relationship to those who would naturally claim a benefit, and the practical effect of the will

Signature Requirements in Florida

You must personally sign the will. Florida does allow proxy signing in specific cases: Another person may sign the testator's name in the testator's presence and by the testator's direction. The signature must be at the end of the will (Fla. Stat. § 732.502)

Witness Requirements in Florida

Florida requires 2 witnesses. Must be competent witnesses

Presence rules: The testator must sign or acknowledge the will in the presence of both witnesses. Both witnesses must sign in the presence of the testator and in the presence of each other (Fla. Stat. § 732.502)

Interested witnesses: An interested witness does not invalidate the will. Florida repealed the interested witness penalty (Fla. Stat. § 732.504)

The safest approach in every state, including Florida, is to use witnesses who are adults, not beneficiaries under the will, and not the person you’ve named as executor. This avoids any question about whether a witness’s inheritance could be "purged" for being an interested party.

Notarization and Self-Proving Affidavits

Florida does not require a will to be notarized to be valid. A signed and witnessed will is enough. Not required for validity; used for self-proving affidavit

Florida does allow a self-proving affidavit, which is a short notarized document attached to the will where you and your witnesses swear under oath that everything was signed properly. It is optional, but it is strongly recommended — a self-proving affidavit means the probate court can admit the will without having to contact your witnesses later. Testator and witnesses sign a sworn affidavit before a notary public or other authorized officer (Fla. Stat. § 732.503)

Holographic, Electronic, and Oral Wills in Florida

Holographic (handwritten) wills: Not recognized in Florida. A valid will must be typed or printed and signed in front of witnesses.

Electronic wills: Recognized in Florida under specific conditions. Florida adopted the Electronic Wills Act effective January 1, 2020 (Fla. Stat. § 732.521-732.528). Electronic wills must be in an electronic record, electronically signed by the testator, and witnessed by two persons who may be present by audio-video communication if a supervised by a notary

Nuncupative (oral) wills: Not recognized in Florida.

How to Revoke or Update a Florida Will

If you already have a will and want to change it, Florida recognizes these revocation methods: Executing a subsequent will or codicil, Physical act of burning, tearing, canceling, defacing, obliterating, or destroying the will by the testator or by another at the testator's direction and in the testator's presence, A writing executed with will formalities. Fla. Stat. § 732.505

The cleanest approach is to draft a new will that starts with the sentence "I revoke all previous wills and codicils," then sign it with the proper witnesses. Destroy old copies when you do. Small updates can technically be done by codicil (a formal amendment), but a fresh will is usually easier to read and harder to contest.

Special Provisions in Florida

Florida is a separate property/common law state. Surviving spouse has an elective share of 30% of the elective estate (Fla. Stat. § 732.2065). Florida has strong homestead protections: the homestead cannot be devised away from a surviving spouse or minor children. Florida has no state income tax or estate tax

Step-by-Step: Writing a Valid Florida Will

1. Take inventory. Bank accounts, vehicles, property, valuables, digital assets, pets.
2. Decide who gets what. Be specific for items that matter (names, addresses, account identifiers). Use a residuary clause ("everything else goes to...") to catch anything you forget.
3. Name an executor. The person who handles your estate. Pick someone trustworthy, organized, and likely to outlive you. Name a backup too.
4. Name a guardian for minor children if you have kids under 18. This is the single most important reason for a will if you’re a parent.
5. Draft the document. Our free drafting tool generates a Florida-specific will in about 10 minutes, with all the correct clauses in the correct order.
6. Print the will. Don’t rely on a digital copy for signing.
7. Sign in front of 2 adult witnesses who are not named as beneficiaries. You all need to be in the same room at the same time. You sign first, they sign while watching.
8. Sign the self-proving affidavit in front of a notary. This is optional but speeds up probate later.
9. Store it somewhere findable. A fireproof home safe is the standard choice. Tell your executor where it is.
10. Review every few years and after major life events (marriage, divorce, new child, moving out of Florida, major asset changes).

Common Florida Will Mistakes to Avoid

• Wrong number of witnesses. Florida requires 2. More is fine; fewer invalidates the will.
• Using a beneficiary as a witness. Can cause the beneficiary’s share to be "purged" (forfeited).
• Not signing in the witnesses’ presence. The signing has to happen as a ceremony, with everyone in the same room.
• Forgetting a residuary clause. Without it, anything you didn’t specifically mention falls into intestate succession.
• Storing the will where nobody can find it. An unfindable will is the same as no will.
• Not updating after major life events. An ex-spouse named in an old will can still inherit in some situations.

Need to Check Details?

You can also read the full Florida will requirements and the Florida estate planning guide for background on intestate succession, probate, and related topics.

Start Your Florida Will Now

The easiest way to get a valid Florida will done today is our free drafting tool. It walks you through the questions, generates a Florida-specific document with the correct clauses, and gives you signing instructions tailored to Florida’s requirements. No account, no cost, nothing stored on our servers. You’ll have a draft ready in about ten minutes.

Whatever you decide, decide. A simple will is one of the most meaningful things you can leave the people you love — and it’s one of the easiest things to put off until it’s too late.