How to Make a Valid Will in Florida

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 Florida repealed the interested witness penalty (Fla.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)