How to Make a Valid Will in Florida

Florida in depth

Any Floridian who is 18 or older — or an emancipated minor — and of sound mind can make a will (§ 732.501), but Florida is strict about how that will is signed. It does not recognize handwritten (holographic) wills, it requires your signature at the very end in front of two witnesses, and it has no "harmless error" rule to rescue a will that misses those steps. At the same time, Florida was an early adopter of electronic wills, and its constitutional homestead rules can quietly override what your will says about your house.

The statute facts above give you the rules. This section covers where Florida wills actually go wrong, and the protections built into Florida law that you cannot draft around.

Five ways a Florida will goes wrong

Most Florida wills that fail, fail on how they were signed — or on the homestead — not on what they say. These are the recurring ones.

1. 1

   Signing anywhere but the very end

   Florida requires the testator to sign "at the end" of the will (§ 732.502(1)). Anything added below your signature is on shaky ground, and a signature in the wrong place can undermine the execution itself. Sign last, and sign at the bottom.

2. 2

   Assuming a handwritten note counts

   Florida does not recognize holographic (handwritten) wills at all. A will in your own handwriting has no special status — it must still be signed at the end and witnessed by two people like any other will (§ 732.502). Florida even refuses an out-of-state handwritten will that was valid where it was signed (§ 732.502(2)). A handwritten note in a drawer is not a valid Florida will.

3. 3

   Witnesses who don't all sign together

   You must sign (or acknowledge your signature) in front of at least two attesting witnesses, and each witness must sign in your presence and in the presence of the other witness (§ 732.502(1)). Collecting witness signatures separately, at different times, risks invalidating the will. The safe move is to get the testator and both witnesses in one room at one time.

4. 4

   Leaving your homestead to the wrong person

   If you are survived by a spouse or a minor child, you generally cannot freely devise your Florida homestead in your will (Art. X, § 4, Fla. Const.; § 732.4015). A devise that violates this — for example, leaving the house to one child when a spouse or minor child survives — is void, and the home passes by a constitutional formula instead. Plan the homestead separately from the rest of your will.

5. 5

   Skipping the self-proving affidavit

   A Florida will is valid without a notary, but a will that is not "self-proved" can force the court to track down your witnesses years later to testify. Adding a notarized self-proving affidavit at signing (§ 732.503) lets the will be admitted to probate without them. The notary is for that affidavit — not for the will's validity — so don't skip it.

You can't fully disinherit a spouse in Florida

Even if your will leaves your spouse nothing, Florida gives a surviving spouse an elective share equal to 30 percent of the "elective estate" (§ 732.2065) — a figure that reaches beyond the probate estate into assets like jointly held property, certain trusts, and pay-on-death accounts. A spouse can claim it regardless of what the will says, and you can only cut it off with a valid written waiver.

Florida is not a community-property state, so there is no automatic 50/50 split of marital assets — but the elective share, the homestead protections below, and other rules make a spouse very hard to disinherit. Two more surprises: if you marry after signing your will and never update it, the new spouse takes an intestate share as a "pretermitted spouse" (§ 732.301); and a gift to a spouse is automatically void if you later divorce (§ 732.507). Revisit the will after any marriage or divorce.

Florida's homestead trap: your will may not control your house

Florida's homestead is protected by the state constitution, and it carries a rule that catches people off guard: if you are survived by a spouse or a minor child, you generally cannot leave your homestead to whomever you want in your will (Art. X, § 4, Fla. Const.; § 732.4015). A devise that violates this restriction is void — the court disregards it entirely.

There is one narrow exception: you may devise the homestead to your spouse, but only if you have no minor child (§ 732.4015). Otherwise the home passes by a constitutional formula — typically a life estate to the surviving spouse with the remainder to your descendants, or the spouse may instead elect a one-half interest. If your home is your largest asset, do not assume your will governs it; plan the homestead as its own problem.

Florida does not recognize handwritten wills

Unlike about half the states, Florida gives no effect to holographic (handwritten) wills. A will entirely in your own handwriting must still be signed at the end and witnessed by two people, exactly like a typed one (§ 732.502). An unwitnessed handwritten note, however clear and heartfelt, is simply not a valid Florida will.

Florida goes further than most states here. It will honor an out-of-state will that was valid where it was signed — but expressly not if that will was holographic or oral (nuncupative) (§ 732.502(2)). So a handwritten will that is perfectly valid in a state that allows them can still be refused in Florida. If you moved here from such a state, have a properly witnessed will re-executed.

Electronic wills are legal in Florida — with strict guardrails

Florida was an early adopter of electronic wills. Since 2020, the Florida Electronic Wills Act (§§ 732.521–732.526) has let you sign a will with an electronic signature and have two witnesses attend by real-time audio-video technology instead of in person — but only inside a tightly controlled online-notarization session run by a Florida online notary (§ 732.522; § 117.285). It is not a matter of emailing a PDF around for signatures.

Two guardrails matter most. The signed electronic will generally must be held by a "qualified custodian" — a regulated company that keeps it in a secure system and later files it with the court (§ 732.524). And remote audio-video witnessing is flatly unavailable if the person signing is a "vulnerable adult" as defined in § 415.102 — those witnesses must be physically present (§ 117.285(5)(g)). Done outside these rules, an "electronic will" is not valid.

Where a Florida will is proved, and the affidavit that speeds it up

Florida wills are proved in the circuit court — the probate division — of the county where you were domiciled at death (§ 733.101). Whoever holds the original will must deposit it with the clerk of that court within 10 days of learning of the death. If you lived outside Florida but owned property here, venue is the Florida county where that property sits.

You can make probate far faster by making the will "self-proved" (§ 732.503): at signing, you and your two witnesses swear a short affidavit before a notary. Notarization is not required for the will to be valid — but a self-proved will can be admitted to probate without the court tracking down your witnesses years later to testify. Execute the affidavit the same day you sign; it is much harder to arrange after the fact.

Common questions about Florida wills

Sources

• Fla. Stat. § 732.501 — Who may make a will
• Fla. Stat. § 732.502 — Execution of wills
• Fla. Stat. § 732.503 — Self-proof of will
• Fla. Stat. § 732.504 — Who may witness
• Fla. Stat. § 732.507 — Effect of subsequent marriage, birth, adoption, or dissolution
• Fla. Stat. § 732.2065 — Amount of the elective share
• Fla. Stat. § 732.301 — Pretermitted spouse
• Fla. Stat. § 732.4015 — Devise of homestead
• Art. X, § 4, Fla. Const. — Homestead; exemptions
• Fla. Stat. § 732.522 — Electronic wills: method and place of execution
• Fla. Stat. § 732.524 — Qualified custodian of an electronic will
• Fla. Stat. § 117.285 — Supervising the witnessing of electronic records
• Fla. Stat. § 733.101 — Venue of probate proceedings
• Florida Courts — self-help center (wills & probate)

Who Can Make a Will in Florida?

You must be at least 18 years old to make a will in Florida. Emancipated minors may make a will (Fla. Stat. § 732.501). 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

Signing Requirements

Must be in writing. Can be typed or printed. Florida is strict about formalities. If you are physically unable to sign, 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. 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)

Notarization in Florida

Notarization is not required for a will to be valid in Florida. Not required for validity; used for self-proving affidavit

Self-Proving Affidavit

Florida allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Testator and witnesses sign a sworn affidavit before a notary public or other authorized officer (Fla. Stat. § 732.503)

Handwritten (Holographic) Wills

Florida does not recognize holographic wills. Holographic wills are not recognized in Florida, even if valid where executed

Electronic Wills

Florida recognizes electronic wills. 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

How to Revoke a Will in Florida

In Florida, a will can be revoked by:

• •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

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

Relevant Florida Statutes

• Fla. Stat. § 732.501 (Who may make a will)
• Fla. Stat. § 732.502 (Execution of wills)
• Fla. Stat. § 732.503 (Self-proved wills)
• Fla. Stat. § 732.504 (Interested witnesses)
• Fla. Stat. § 732.505 (Revocation)
• Fla. Stat. § 732.521-528 (Electronic Wills Act)
• Fla. Stat. § 732.2065 (Elective share)