A will is only as strong as its legal foundation. In Florida, a will that does not comply with the state’s required execution formalities may be invalid and may not be admitted to probate. That means your assets could be distributed by a court according to Florida’s intestacy laws, not according to your wishes. For Orlando families, that outcome can be devastating, especially when it was entirely preventable.
Understanding what makes a will valid in Florida is not optional if you care about protecting your estate and the people who depend on you.
Who Can Make a Will in Florida?
Florida law allows any person who is at least 18 years old and of sound mind to create a legally valid will.
Under Florida Statutes § 732.501, a testator (the person making the will) must meet two basic requirements: they must be at least 18 years of age, or a legally emancipated minor, and they must be of sound mind at the time of execution. Testamentary capacity generally means that the person understands that they are making a will, understands the nature and extent of their property, and understands the people who may naturally be expected to benefit from their estate.”
Age and mental capacity are the starting point. But the requirements do not stop there.
What Are the Signing Requirements for a Florida Will?
Florida requires the testator to sign the will in the presence of two witnesses, both of whom must also sign the document at the same time.
Florida Statutes § 732.502 governs the formal execution of wills. The testator must sign the will or direct another person to sign it on their behalf in the presence of at least two witnesses. Those witnesses must then sign the will in the presence of the testator and in the presence of each other.
For a traditional paper will, the testator must sign at the end of the will, or another person may sign the testator’s name at the end of the will in the testator’s presence and at the testator’s direction. The testator must sign or acknowledge the signature in the presence of at least two witnesses, and the witnesses must sign in the presence of the testator and each other.
A notary is not required for a standard will in Florida, but notarization does serve an important purpose if you want to create a self-proved will.
What Is a Self-Proved Will?
A self-proved will includes a notarized affidavit that simplifies the probate process by eliminating the need for witness testimony after the testator’s death.
Under Florida Statutes § 732.503, a will can be made self-proved at the time of execution or any time afterward. This requires the testator and witnesses to sign affidavits before a notary public. A self-proved will can streamline probate by providing evidence of the will’s proper execution without ordinarily requiring the attesting witnesses to provide testimony regarding execution.
This step is not legally required, but skipping it can create unnecessary delays and legal costs for your loved ones.
Are There Any Restrictions on What a Will Can Do?
Florida law places firm limits on how a married testator can distribute property, particularly regarding the surviving spouse’s elective share.
Under Florida law, a surviving spouse generally has a right to an elective share equal to 30 percent of the elective estate. Florida Statutes § 732.201 establishes the surviving spouse’s right to an elective share, while § 732.2065 establishes that the amount of the elective share is 30 percent of the elective estate. This is a statutory right that overrides contradictory will provisions.
Florida also has homestead restrictions. Under Article X, Section 4 of the Florida Constitution, a homestead property cannot be devised freely if the testator is survived by a spouse or minor child. If a will attempts to devise homestead property in a manner that Florida law does not permit, the attempted devise may be ineffective, and the property may pass according to the applicable homestead and intestacy rules.
Can a Handwritten Will Be Valid in Florida?
Florida does not recognize holographic wills (handwritten wills that are not witnessed) as valid instruments.
Some states allow a person to write and sign a will entirely by hand without witnesses. Florida is not one of them. A handwritten will that lacks the proper witness signatures required under § 732.502 will not be admitted to probate in Florida, regardless of how clear the testator’s intentions were.
If a Florida resident dies with only a handwritten, unwitnessed document that does not otherwise qualify as a valid will under Florida law, that document generally will not be admitted as a valid will, and any property not otherwise effectively disposed of may pass under Florida’s intestacy laws. Florida’s intestacy statutes, not the deceased person’s written wishes, will then determine who inherits.
What Can Invalidate an Otherwise Valid Will?
Common grounds for challenging a Florida will include lack of testamentary capacity, undue influence, fraud, forgery, and improper execution.
Even a will that looks valid on its face can be contested. Florida courts recognize several grounds for challenge, including:
- Lack of testamentary capacity at the time of signing
- Undue influence by a caregiver, beneficiary, or family member
- Fraud or forgery
- Failure to comply with § 732.502’s execution requirements
Will contests can result in significant litigation, delay, and legal expense, potentially reducing the assets available for distribution to beneficiaries. A carefully drafted, properly executed will is the most effective protection against challenges like these.
Protect Your Estate With a Will That Holds Up
The Law Office of Erin Morse helps clients create and review Florida wills with careful attention to the state’s legal requirements.
A will is not a document to draft once and forget. Florida law is exacting, and the probate courts in Orange County follow it to the letter. At the Law Office of Erin Morse, we handle wills and estate planning with the same precision and tenacity we bring to every matter in our practice. Whether you are creating your first will or reviewing one that may not meet Florida’s current legal standards, we are ready to help you get it right.
Call us today at 407-743-6059 or contact us to schedule a consultation with the Law Office of Erin Morse.
Last updated: August 2026
