We’ll cut to the chase: YES, you can get an online will in Florida. That is because Florida law explicitly permits the use of e-wills or electronic wills under Fla. Stat. § 732.521. What does an “online will” mean? It means a will executed by electronic signature. In plain English: an online will or an “e-will” is a will that is created, signed, and stored digitally. Simple as that! Now, let’s get into everything you need to know about creating an online will in the Sunshine State (Florida, that is!).
Requirements of a valid will in Florida
A valid will in the state of Florida requires a few things, whether online or not:
- The will must be in writing (not verbal)
- The testator (the maker of the will) is of sound mind
- The testator signs the will at the end of the document
- There must be two witnesses watching the testator sign
- The two witnesses must also sign the document in the presence of each other and the testator
- If executing an online will, the will must be notarized in front of a notary public
As you can see, it’s fairly simple: put it in writing, sign it in front of witnesses, have the witnesses sign in front of you, make sure the signatures go at the end of the will, and get it notarized if you’re doing an online will.
Are online wills legal in Florida?
Yes! Florida is one of a handful of states in which the legislature has explicitly permitted the use of electronic, or “online,” wills. Remember, an online will is simply a will that is created, signed, and stored digitally. The general policy behind e-wills is to modernize the estate planning process, make it more convenient, and ensure people’s wishes are met for their asset distribution upon death. The only additional requirement for an online will in Florida is that it is notarized by a notary public. Easy peasy! You can do that ALL online.
Can you write your own will in Florida?
Yes, you can, as long as you follow the requirements to create and execute a valid will, which are laid out in Fla. Stat. § 732.502 and Fla. Stat. § 732.522 (if you’re doing an e-will). The policy behind allowing folks to make their own will is to ensure their wishes are respected and not to place too many barriers to allocating assets–everyone should be able to do it. Remember, the requirements for a valid will in FL include signing the written will at the end of the document, signing it in front of witnesses, and having the two witnesses sign in front of you. And if you are doing an online will, make sure to get it notarized, too.
What are the witness requirements for Florida wills?
We mentioned the requirement of witnesses a lot. But what does that mean? Under Florida law (Fla. Stat. § 732.504), you must have two competent, adult witnesses. It is typically best practice to make sure that the two witnesses are not beneficiaries of the will (a.k.a., the witnesses are not receiving anything from you, the testator, through the will). Why? Because it reduces the likelihood of creating a conflict over the will. Don’t forget that the witnesses must both watch you sign and sign it in the presence of each other and you (the testator).
Do you need a lawyer for a will in Florida?
Nope! Like we said earlier, public policy favors people creating wills to distribute their hard-earned assets how they want them to be distributed. Requiring a lawyer would potentially create too many barriers to entry for folks who can’t afford a lawyer or who don’t have time to hire a lawyer (they may be dying soon). With that said, hiring a lawyer if you have the means and/or the time can still be beneficial to advise you on best practices and ensure you follow the law correctly.
Do Florida wills need to be notarized?
Yes, Florida wills need to be notarized, but only if you’re doing an online will. If you’re doing a regular pen and paper will, notarization is not required. However, under Fla. Stat. § 732.522, the testator of an e-will must also sign the document in front of a notary public (a.k.a., get it notarized). The witnesses to the will must also sign in front of the notary. The good news is that there are virtual notary services available, and it’s as easy as pie to get something notarized these days, without ever leaving your couch!
The bottom line on getting an online will in Florida
We hope you learned a lot from this article! The takeaway should be: Yes, online wills in Florida are permissible. No, you are not required to hire a lawyer for a valid will in FL. Yes, you are required to get your online will notarized in FL. And don’t forget to sign your will at the end of the document, in front of two witnesses. Those witnesses must also sign in the presence of you, the testator. Getting a will has never been easier in the Sunshine State!
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
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