Florida Will Guides
Florida will requirements
Florida · Sources checked September 10, 2026 · General information, not legal advice.
Florida's ordinary will-execution rules require a written document, a signature at the end, and at least two attesting witnesses following specified presence requirements. The person making the will must also meet the state's age and sound-mind requirements. A correctly formatted template does not establish all of these facts.
Use this page to understand the categories of requirements. It is not a validation tool for an existing document.
Published by Will Florida · Florida, United States · Sources checked .
General information, not legal advice. Our editorial policy.
Quick answer
- Who can make a will? A person of sound mind who is 18 or older, or an emancipated minor. Will Florida's service is limited to adults 18+. §732.501.
- Ordinary signing: A written will needs a signature at the end, by the testator or another person in their presence and at their direction. The testator signs or acknowledges the signature before at least two witnesses, who sign in the presence of the testator and each other. §732.502.
- Notary vs. self-proof: Ordinary execution does not require notarization. A separate self-proving acknowledgment and witness affidavits before an authorized officer help establish execution in probate; they do not replace witnesses or guarantee validity. §732.503.
- Electronic wills: Additional rules apply. Remote witnessing requires a compliant, notary-supervised process; electronic self-proof also requires qualified custody. An e-signature alone is insufficient. §732.522 and §732.523.
Quick answer sources checked September 27, 2026. See the explanations and exceptions below.
Who can make a will?
Florida law permits a person who is of sound mind and is at least 18, or an emancipated minor, to make a will. Will Florida's registration is limited to people 18 and older; that product limit is not a statement that Florida law has no exception. Florida Statutes §732.501.
Capacity is not something an online age checkbox establishes. If there are concerns about understanding, pressure, or another person's involvement, arrange individual legal assistance before proceeding.
What are the ordinary execution requirements?
| Requirement | General Florida rule |
|---|---|
| Written form | The will must be in writing |
| Testator's signature | The testator signs at the end, or another person subscribes the testator's name there in the testator's presence and at their direction |
| Witnessing the act | At least two attesting witnesses must be present for the testator's signing or acknowledgment described in the statute |
| Witness signatures | Witnesses sign in the presence of the testator and each other |
These are the ordinary rules in Florida Statutes §732.502. Do not substitute separate, informal signature collection for the required process. Electronic execution and certain other circumstances have distinct provisions.
The statute does not require a particular form of words, but that does not mean any set of sentences will express your intentions effectively. Execution formalities and the legal consequences of the content are separate questions.
Does a will need a notary?
A notary is not one of the ordinary will-execution requirements listed above. Notarization is commonly involved in making a will self-proved, which uses an acknowledgment by the testator and witness affidavits before an authorized officer. Florida Statutes §732.503.
A notary stamp does not replace the required witnesses. Conversely, the absence of a self-proving affidavit is not the same as proof that a will is invalid. See the signing and self-proof guide for the distinction.
Is a handwritten will valid in Florida?
Handwriting alone does not determine the answer. Florida distinguishes an unwitnessed holographic will from a handwritten document executed under the ordinary formalities. The statute expressly says a handwritten will executed under subsection (1) is not treated as a holographic will for that provision. Florida Statutes §732.502(2).
Do not assume a signed note, diary entry, or letter is enough. If someone has already died and you have found an informal document, seek probate advice about that document rather than trying to correct or complete it yourself.
Can a Florida will be electronic?
Florida provides for electronic wills. Remote presence can satisfy certain requirements only within the statutory process, including notarial supervision and authentication. An ordinary electronic-signature app does not by itself demonstrate compliance. Florida Statutes §732.522.
The electronic signing section describes the additional questions to ask a provider, including how it handles witnessing and, where self-proof is intended, qualified custody.
What can make a document problematic even with signatures?
Florida addresses fraud, duress, mistake, and undue influence separately from formal signing requirements. A will or part of a will procured through those circumstances can be void under the statute. Florida Statutes §732.5165.
Property and family rights also matter. Homestead restrictions can constrain a gift of a Florida home; a surviving spouse may have rights in the elective estate. Florida Statutes §732.4015 and §732.201.
A tool that checks every answer is filled in has not necessarily evaluated these issues. If they could affect your wishes, ask a Florida attorney to explain the consequences before you sign.
Do out-of-state wills follow the same analysis?
Not always. Florida has a provision recognizing certain wills executed by nonresidents under the law where they were executed, with stated exceptions. That is not a blanket rule that any document from another state will work unchanged. Florida Statutes §732.502(2).
If you moved to Florida or own property elsewhere, discuss the existing document and your current circumstances with a qualified attorney. Do not destroy an earlier will simply because you found a Florida template.
Your next step
For the full preparation sequence, read how to make a will in Florida. If you are choosing a preparation method, review when self-service needs legal help.
The Will Florida plan concerns draft preparation, not a legal assessment or execution of your will. You can review the $49 preparation plan or browse the guide collection.