How to Make a Valid Will in Florida
What Florida law requires for a valid will: age, signing, witnesses, handwritten wills and self-proving affidavits.
Short answer: Any person of sound mind who is 18 or older, or an emancipated minor, may make a will. The will must be in writing and signed at the end by the testator (or by another person in the testator's presence and at the testator's direction), in the presence of at least two attesting witnesses… Fla. Stat. §§ 732.501, 732.502
| Requirements for a valid will | Any person of sound mind who is 18 or older, or an emancipated minor, may make a will. The will must be in writing and signed at the end by the testator (or by another person in the testator's presence and at the testator's direction), in the presence of at least two attesting witnesses, who must sign in the presence of the testator and of each other. Source: Fla. Stat. §§ 732.501, 732.502 |
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| Handwritten (holographic) wills | No. Florida does not recognize unwitnessed handwritten (holographic) wills or oral (nuncupative) wills. A handwritten will is valid only if it is signed and witnessed like any other will. A holographic or oral will made in another state is not given effect in Florida even if it was valid there. Source: Fla. Stat. § 732.502(1)-(2) |
| Self-proving affidavit | Yes. A will may be made self-proving when the testator and witnesses acknowledge it and sign affidavits before an officer authorized to administer oaths (such as a notary), using the statutory form. A self-proved will can be admitted to probate without testimony from the witnesses. Source: Fla. Stat. § 732.503 |
More Florida estate law
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- Small Estate Affidavit in Florida
- Power of Attorney in Florida
- Quitclaim Deeds and Transferring Property in Florida
- Who Inherits If You Die Without a Will in Florida
- How Probate Works in Florida
- Living Wills and Advance Directives in Florida
- Revocable Living Trusts in Florida
- Executor Duties in Florida
- Letters Testamentary in Florida
- Affidavit of Heirship in Florida
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- All Florida wills, probate and estate rules
FAQ
What makes a will valid in Florida?
Any person of sound mind who is 18 or older, or an emancipated minor, may make a will. The will must be in writing and signed at the end by the testator (or by another person in the testator's presence and at the testator's direction), in the presence of at least two attesting witnesses, who must sign in the presence of the testator and of each other.
Is a handwritten will valid in Florida?
No. Florida does not recognize unwitnessed handwritten (holographic) wills or oral (nuncupative) wills. A handwritten will is valid only if it is signed and witnessed like any other will. A holographic or oral will made in another state is not given effect in Florida even if it was valid there.
Does a will need to be notarized in Florida?
Yes. A will may be made self-proving when the testator and witnesses acknowledge it and sign affidavits before an officer authorized to administer oaths (such as a notary), using the statutory form. A self-proved will can be admitted to probate without testimony from the witnesses.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.