A valid Florida will must be in writing and signed at the end by you in front of two witnesses, who sign in your presence and in each other's presence (section 732.502). A notary is not required for validity, but a self proving affidavit signed before a notary lets the will be admitted to probate without locating the witnesses.
Most people know they should have a will. Far fewer know that a will which is not signed exactly the way Florida law requires can be thrown out, leaving the state to decide who inherits. Fewer still know that Florida law can quietly change what a valid will does, after a divorce, when a spouse survives you or when your home is involved. Our job is to make sure your wishes are written clearly, signed correctly and still work the way you expect when your family needs them.
What a will does
A last will and testament is the document that speaks for you after you die. In it you can:
- Leave property to the people and charities you choose, in the shares you choose.
- Name a personal representative, the person who will gather your assets, pay final bills and distribute what is left.
- Nominate a guardian for minor children.
- Set up a trust for a child or loved one who should not receive an inheritance outright.
- Leave specific items, such as jewelry, a vehicle or family heirlooms, to specific people.
How a will is signed in Florida
Florida is strict about formalities. Under section 732.502 of the Florida Statutes, you must sign at the end of the will in front of two witnesses, and both witnesses must sign in front of you and in front of each other. A handwritten will that was not witnessed this way is not valid in Florida, even if every word is in your own handwriting.
We also add a self proving affidavit, signed before a notary under section 732.503. It allows the court to accept the will without tracking down the witnesses years later, which saves your family time at a difficult moment. Florida also permits electronic wills that meet the requirements of section 732.522, and we can explain whether that option makes sense for you.
What Florida law can override in your will
A will is not the last word on everything. Three Florida rules regularly change the outcome of a will that was perfectly valid when it was signed:
- Divorce. Under section 732.507(2), when a marriage is dissolved or annulled, provisions in your will that benefit your former spouse become void, and the will is read as if that spouse died on the date of the divorce. There are exceptions, for example when the will states a contrary intention or was signed after the divorce. Even so, a divorce is a clear signal to rewrite your will rather than rely on the default rule.
- The elective share. A surviving spouse of a Florida resident may claim an elective share under section 732.201, which section 732.2065 sets at 30 percent of the elective estate. In practice, you generally cannot leave a spouse out entirely unless the spouse has validly waived that right in a written agreement signed before two witnesses (section 732.702).
- Homestead. If you own your home in Florida and are survived by a spouse or a minor child, the Florida Constitution and section 732.4015 limit how you can leave that home by will. We explain how Florida homestead planning fits into your will before you sign.
Marriage and new children matter too. Under section 732.507(1), a later marriage or the birth or adoption of a child does not revoke your will, but a spouse or child left out of an older will may still be entitled to a share. Updating your will after these events keeps the result in your hands.
Does a will avoid probate?
No. A will tells the probate court what you want, but property that passes under a will generally still goes through Florida probate administration. If keeping your estate out of court matters to you, we often pair a will with a revocable living trust. In that plan, the will works as a safety net, called a pour over will, that moves anything left outside the trust into it. Our article on will vs trust in Florida compares the two at each stage of life.
Choosing your personal representative
Your personal representative carries real responsibility, so the choice deserves thought. Florida also limits who can serve. Under section 733.303, a person who has been convicted of a felony, who is under 18 or who is mentally or physically unable to do the job cannot serve. Under section 733.304, a person who does not live in Florida can serve only if they are a close relative, such as a child, parent, sibling, spouse, aunt, uncle, niece or nephew, or the spouse of a qualifying relative. A trusted friend who lives out of state may not qualify, which is a common surprise. We review your choice and help you name a backup.
How we prepare your will
- We listen. In a free consultation we learn about your family, your property and what you want to happen.
- We draft. You receive a will written in plain language, with any trusts or guardian nominations your situation calls for.
- We sign it properly. We supervise the signing with witnesses and a notary so the formalities are met.
- We keep it current. Marriage, divorce, a new child, a move to Florida or a new property are all good reasons to review your will.
Most clients sign a will together with a durable power of attorney and health care documents, so the plan covers incapacity as well as death.
Moved to Florida with a will from another state?
Under section 732.502(2), a will signed by someone who lived elsewhere is generally valid in Florida if it was valid where it was signed, though that rule does not rescue an unwitnessed handwritten or oral will. Validity is only the first question. Your chosen personal representative may not qualify here, homestead rules may change who receives your home, and the will may not include a self proving affidavit in the form Florida courts expect. A review is a simple way to avoid surprises.
