Overview
A last will and testament is the most familiar estate planning document in the United States, but in Florida the rules around it are unusually strict. A will that would be perfectly valid in another state can be thrown out by a Florida probate court if it does not meet the specific execution requirements set by Florida law.
What a Florida Will Actually Does
A Florida will does four core things. First, it names the personal representative who administers the estate under court supervision. Second, it identifies the beneficiaries who will inherit. Third, it can nominate a guardian for minor children. Fourth, it directs how specific assets or shares of the overall estate should be distributed. A will controls only the assets that would otherwise pass through probate — it does not override beneficiary designations on retirement accounts or life insurance.
Florida's Strict Execution Requirements
Florida Statute 732.502 sets out the formal requirements for executing a valid will. The will must be in writing. The testator must sign it at the end of the document. Two competent witnesses must sign the will in the presence of the testator and in the presence of each other. All three signatures must occur in the same signing session. Florida does not recognize holographic wills — wills handwritten and signed by the testator but without witnesses. Most Florida wills are made self-proved under Florida Statute 732.503 with a notarized affidavit so the will can be admitted to probate without witnesses appearing in court.
Electronic Wills in Florida
Florida is one of a small number of states that recognizes electronic wills, governed by Florida Statutes 732.521 through 732.525. An electronic will is signed during a live, recorded online notarization session in which the testator, two witnesses, and a Florida online notary are all connected through audio-video technology. Properly executed, an electronic will has the same legal effect in Florida as a traditional paper will.
Frequently Asked Questions
Is a handwritten will valid in Florida? Generally no. Florida does not recognize holographic wills without two witnesses.
Does a will avoid probate in Florida? No. Assets that pass under a will still go through Florida's probate process under Chapter 733.
What happens if I die in Florida without a will? The estate is distributed under Florida's intestate succession rules in Florida Statute 732.101, which set a fixed order of inheritance.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a licensed Florida estate planning attorney for advice specific to your situation.