What Makes a Will Valid in Florida?

What Florida Law Requires - and Where Homemade Wills Go Wrong

By: George Taylor

A will only protects your wishes if it’s done right. A document that looks like a will but misses one of Florida’s legal requirements can be set aside, sending your estate through the courts under rules you never chose. Here’s what Florida law actually requires.

You Must Be Eligible to Make One

You can create a will in Florida if you’re at least 18 (or an emancipated minor) and of “sound mind.” Sound mind means you understand that you’re directing where your property goes after death, you have a general sense of what you own, and you know who your family and heirs are. The bar isn’t high, but it matters because a lack of capacity is one of the most common grounds for challenging a will after death.

It Has to Be In Writing

Florida does not recognize oral wills. Whatever you intend has to be put on paper, typed, or handwritten. A video, a voice memo, or a deathbed conversation won’t do it.

You Have to Sign It — At The End

You must sign the will at the end of the document. That placement matters: a signature in the margin or above the final provisions can create problems. If you’re physically unable to sign, someone else may sign your name for you, but only in your presence and at your direction.

Two Witnesses Have to Watch You Sign, and Sign it Themselves

This is where homemade wills most often fail. Florida requires two witnesses, and both must be present at the same time when you sign. Each witness then has to sign the will in your presence and in the presence of each other. If your witnesses sign at separate times, or weren’t in the room together, the will can be invalid — no matter how clearly it reflects your wishes.

Consider a Self-Proving Affidavit

This one is optional, but worth doing. A self-proving affidavit is a short, notarized statement that you and your witnesses signed at the same time you sign the will. It isn’t required for your will to be valid, but it makes probate far smoother. Without it, the court may later need to track down your witnesses to confirm they watched you sign. With it, the will can usually be admitted without that step. Witnesses move, lose touch, and pass away; the affidavit spares your family that search.

A Note on Out-of-State and DIY Wills
If you signed a valid will in another state before moving to Florida, it’s generally honored here, with two exceptions. Florida won’t accept handwritten wills that weren’t witnessed, or oral wills, even if your prior state allowed them. And while online templates are inexpensive, they place the entire burden of correct signing and witnessing on you. The companies behind them aren’t your lawyer and owe you no duty if something goes wrong.

The Bottom Line
Florida’s requirements aren’t complicated, but they are strict — and small mistakes carry large consequences, usually discovered only after the person who made the will is gone and can no longer fix them. If you want confidence that your wishes will hold up, it’s worth having your will prepared or reviewed by an attorney.

Brinkley Morgan helps Florida families put estate plans in place that stand up when they’re needed most.

Contact George Taylor to schedule a consultation.

Based on Florida Statutes §§ 732.501–732.503. This article is general information, not legal advice.