Legal requirements
for a Valid Will
in Florida
Floridians, listen up—Do you know what happens to your possessions after you die without a will? If you don’t have a will, the state of Florida decides who gets your property, which might not be what you want.
Creating a valid will is critical for making sure your loved ones are protected, and your wishes are respected. Let’s explore the legal requirements for a will in Florida, covering everything from writing/signature requirements to witness qualifications, whether notarization is required, and when notarizing can be beneficial.
It must be in writing
Verbal wills (also called nuncupative wills) are not allowed in Florida, according to Fla. Stat. § 732.502. Wills must follow the correct requirements laid out in this statute, which includes putting the will in writing. This can be in handwriting, printed, or in a printed template. There are no set requirements for specific wording or language that must go into a will to make it valid. .
It must be signed and witnessed by two people
On top of being in writing, wills in Florida also must be signed by the will-maker and witnessed by two competent witnesses. The signature of the will-maker (i.e., the Testator) must be at the end of the document to indicate that they are agreeing to everything written above. Terms written below a testator’s signature may not be enforced.
The Testator must be of sound mind and legal age (18+)
In Florida, according to Fla. Stat. § 732.501, a person making a will must be “of sound mind” and at least 18 years of age. This is to prevent any issues of fraud, coercion, or undue influence that might compromise the testator’s true intentions. The “sound mind” requirement, also called “testamentary capacity,” means the testator must understand they are creating a will, the nature and extent of their property, and their relationship to the beneficiaries they are naming. Without this capacity, or if undue influence is present, the will can be challenged and potentially deemed invalid by the court, leading to the unintended distribution of the will-maker’s assets.
What else to know about the witness requirements in Florida
Fla. Stat. § 732.504 lays out what is required for a valid witness to a will in Florida. The only requirement is that they must be competent. This means that they must have a level of competency to understand the act of witnessing a will. While the statute doesn’t define “competent,” it generally means that the witness should be of sound mind and capable of understanding the significance of their signature.
It’s generally advisable to choose witnesses who are not beneficiaries of the will, though the Florida statute explicitly states that “interested witnesses” (meaning people who benefit from the will) do not automatically invalidate it.
Furthermore, the witnesses must sign the will in the presence of the testator and in the presence of each other. This simultaneous presence is crucial for the will’s validity, according to Fla. Stat. § 732.502(1)(c).
Are holographic wills legal in Florida?
No—Holographic wills are specifically prohibited by Fla. Stat. § 732.502(2). A holographic will is a handwritten will that is not witnessed and does not follow any other rules for wills other than being handwritten. Some states do allow handwritten wills that don’t follow the legal requirements for a will in their state because they want to honor the intentions of the testator who is on their deathbed or otherwise unable to formulate a valid will. However, Florida is not one of those states. You must comply with the laws in Florida (putting it in writing, having it witnessed properly, and signing it properly) in order to create a valid will.
Is notarization required for a valid will in Florida?
Notarization is not required, but it can be a good way to preemptively strike against potential challenges to the will’s validity based on witness testimony. Signing a “self-proving affidavit” in front of a notary public can be a good way to ensure both the will-maker and the witnesses make statements about the legitimacy of the will.
For example, if your will is in probate, and the witnesses are called in to speak on the formalities of your will, those witnesses may not remember signing it or what was going on at the time they witnessed the will. That’s where including a self-proving affidavit in the will and having the will-maker and the witnesses sign it in front of a notary public can help confirm that all of the correct formalities were met with the will and everyone was competent and of sound mind and of age.
You can see a sample of what this self-proving affidavit looks like here: Fla. Stat. § 732.503.
The bottom line on the legal requirements for a valid will in Florida
As you can see, getting a will in Florida is relatively easy—make sure you’re of sound mind, put it in writing, sign it at the end of the document, have it witnessed by two witnesses properly, and you’re on your way to a valid and enforceable will. Just keep in mind that holographic wills (wills handwritten and not witnessed) and nuncupative wills (verbal wills) are not enforceable in Florida. And while notarization isn’t required, it can be a good way to preemptively avoid any contests against your will once you’re gone.
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Nicole Sheehey is the Head of Legal Content at HelloPrenup, and an Illinois licensed attorney. She has a wealth of knowledge and experience when it comes to prenuptial agreements. Nicole has Juris Doctor from John Marshall Law School. She has a deep understanding of the legal and financial implications of prenuptial agreements, and enjoys writing and collaborating with other attorneys on the nuances of the law. Nicole is passionate about helping couples locate the information they need when it comes to prenuptial agreements. You can reach Nicole here: Nicole@Helloprenup.com