Florida Last Will and Testament

Introduction

Key Things to Know

1. 1

   A last will and testament is a legal document that states who receives your property and who administers your estate after you die. It can also name a guardian for minor children.

2. 2

   Florida requires two witnesses. Fla. Stat. Section 732.502 requires the testator's signing or acknowledgment to happen in the presence of at least two attesting witnesses, who must then sign in the presence of the testator and of each other.

3. 3

   An interested witness does not invalidate the will. Under Fla. Stat. Section 732.504 a will is not invalid because a witness is also a beneficiary, but using two disinterested witnesses is still the safer, challenge-resistant practice.

4. 4

   A self-proving affidavit is available and needs a notary. Fla. Stat. Section 732.503 lets you make the will self-proved with a sworn affidavit of the testator and witnesses before a notary or other officer authorized to administer oaths, avoiding the need to locate witnesses at probate.

5. 5

   Florida does not recognize holographic wills. A will entirely in the testator's handwriting is valid only if it meets the same two-witness signing requirements as any other will (Fla. Stat. Section 732.502(2)); handwriting alone never substitutes for witnesses.

6. 6

   The will itself needs witnesses, not a notary. No notary is required to execute a valid Florida will; a notary is needed only if you choose to add the optional self-proving affidavit described above.

7. 7

   Minimum age is 18, or an emancipated minor, with sound mind. Fla. Stat. Section 732.501 lets any person 18 or older, or an emancipated minor, who is of sound mind make a will. Revoke a prior will with a later will or codicil, a signed writing meeting the same execution formalities, or a physical act like burning or tearing done with intent to revoke (Fla. Stat. Sections 732.505-732.506).

Florida Requirements for Last Will and Testament

• Sign in the Presence of Two Witnesses

  Florida requires the testator's signing, or acknowledgment of an existing signature, to happen in the presence of at least two attesting witnesses, under Fla. Stat. Section 732.502. Without two attesting witnesses signing at the required time, the will is not validly executed.

• Witnesses Must Sign Together

  The two attesting witnesses must sign the will in the presence of the testator and in the presence of each other, per Fla. Stat. Section 732.502. Signing separately or outside the testator's presence does not satisfy this requirement.

• An Interested Witness Does Not Invalidate the Will

  Under Fla. Stat. Section 732.504, a will is not invalid because a witness is also a beneficiary. Even so, using two disinterested witnesses is the safer practice, since an interested witness can still invite a probate challenge.

• No Notary Is Required for the Will Itself

  A notary is not required to make a Florida will valid; two attesting witnesses satisfy Fla. Stat. Section 732.502. A notary is needed only if you add the optional self-proving affidavit under Fla. Stat. Section 732.503.

• Self-Proving Affidavit Is Optional but Needs a Notary

  Fla. Stat. Section 732.503 lets you make the will self-proved with a sworn affidavit of the testator and witnesses before a notary or other officer authorized to administer oaths. This avoids having to locate witnesses at probate, but is not required for the will itself to be valid.

• Holographic (Handwritten, Unwitnessed) Wills Are Not Recognized

  Florida does not recognize holographic wills. Fla. Stat. Section 732.502(2) provides that a will in the testator's handwriting is not treated as a holographic will and is valid only if executed with the same two-witness formalities as any other will.

• Minimum Age and Capacity to Make a Will

  Under Fla. Stat. Section 732.501, any person who is 18 or older, or an emancipated minor, and of sound mind may make a will in Florida.

• Revoke With a Later Will or a Physical Act

  Revoke a Florida will with a later inconsistent will or codicil, a subsequent writing declaring revocation executed with the same formalities as a will, or a physical act such as burning, tearing, canceling, defacing, or obliterating done with intent to revoke (Fla. Stat. Sections 732.505-732.506). Divorce also voids provisions for a former spouse under Fla. Stat. Section 732.507.