DocDraft Logo

Florida Last Will and Testament

A Florida will needs two witnesses, not a notary, and does not recognize handwritten holographic wills. Free will template. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the person, called your personal representative, who will administer your estate and carry out those instructions. It can also name a guardian for your minor children. In Florida a will is valid only if it is in writing, signed by the testator (the person making the will) at the end, and signed in the presence of at least two attesting witnesses under Fla. Stat. Section 732.502. Those two witnesses must sign in the presence of the testator and in the presence of each other. Florida law is unusually protective here: under Fla. Stat. Section 732.504 a will is not invalid just because a witness is also a beneficiary, though naming an interested witness can still invite a probate challenge, so an independent witness is the safer practice. Florida does not require a notary to make the will itself valid; the two witnesses are what makes it legal. A notary is used only for the optional self-proving affidavit under Fla. Stat. Section 732.503, a sworn statement attached to the will that lets it be admitted to probate without tracking down the witnesses later. Florida does not recognize holographic (handwritten, unwitnessed) wills at all; a will entirely in your own handwriting is valid only if it is executed with the same two-witness formalities as any other will (Fla. Stat. Section 732.502(2)). Any person of sound mind who is 18 or older, or an emancipated minor, may make a will under Fla. Stat. Section 732.501. Attorney review is available as an option before you sign.

0/5000

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).

Key decisions before you file

Before you file a Last Will and Testament in Florida, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

Open the Last Will and Testament guide

Customize your Last Will and Testament Template with DocDraft

FLORIDA LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [TESTATOR NAME], a resident of [COUNTY] County, Florida, being of sound mind, declare this to be my Last Will and Testament. I revoke all prior wills and codicils I have made.

  2. PERSONAL REPRESENTATIVE APPOINTMENT I appoint [PERSONAL REPRESENTATIVE NAME] of [CITY], Florida, to serve as personal representative of my estate. If that person is unable or unwilling to serve, I appoint [SUCCESSOR NAME] as successor personal representative. My personal representative shall have all powers granted under Florida law to administer my estate, pay my debts and expenses, and distribute my property according to this will.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests here: describe each item or sum of money and the beneficiary who receives it. If naming a guardian for minor children, state that here as well.]

  4. RESIDUARY CLAUSE I give all the rest and residue of my estate, meaning everything not specifically given above, to [RESIDUARY BENEFICIARY NAME]. If that beneficiary does not survive me, I give the residue to [ALTERNATE BENEFICIARY NAME].

  5. ATTESTATION CLAUSE I sign this will in the presence of the two witnesses named below, and I declare to them that this document is my Last Will and Testament. Under Fla. Stat. Section 732.502 my signing, or my acknowledgment of my signature, must occur in the presence of at least two attesting witnesses, and those witnesses must then sign this will in my presence and in the presence of each other.

Signed: _____________________________ Date: [DATE] [TESTATOR NAME], Testator

Witness 1: _____________________________ Address: [ADDRESS] [WITNESS 1 NAME]

Witness 2: _____________________________ Address: [ADDRESS] [WITNESS 2 NAME]

  1. SELF-PROVING AFFIDAVIT (OPTIONAL) Florida recognizes a self-proving affidavit under Fla. Stat. Section 732.503. Attaching this sworn, notarized affidavit lets the will be admitted to probate without locating the witnesses later. It requires a notary or other officer authorized to administer oaths, the only signature block in this document that does.

STATE OF FLORIDA, COUNTY OF [COUNTY] We, [TESTATOR NAME], [WITNESS 1 NAME], and [WITNESS 2 NAME], being duly sworn, declare to the officer taking this acknowledgment that the testator signed this will and that each witness signed as a witness in the presence of the testator and of each other.

_____________________________ (Testator) _____________________________ (Witness 1) _____________________________ (Witness 2)

Sworn to and acknowledged before me by [TESTATOR NAME], and sworn to by [WITNESS 1 NAME] and [WITNESS 2 NAME], this [DATE].

Notary Public, State of Florida

Note: This will is governed by Fla. Stat. Sections 732.501-732.507. Florida does not require witnesses to be disinterested; under Section 732.504 a will is not invalid because a witness is also a beneficiary, but do not name a beneficiary as a witness if you can avoid it, since it can invite a probate challenge, delay probate, and make your wishes look less trustworthy to a court weighing them. Keep this signed will, and the self-proving affidavit if you complete one, somewhere safe and tell your personal representative where to find both documents when the time comes. This is a Florida skeleton for a last will and testament, not a substitute for reviewing your full estate plan. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Florida in about a minute, and notarize it online through DocDraft if it does.

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.

Does your Last Will and Testament need to be notarized in Florida?

Whether a Last Will and Testament needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.

Check my Last Will and Testament

Frequently Asked Questions

Two. Fla. Stat. Section 732.502 requires the testator to sign, or acknowledge an existing signature, in the presence of at least two attesting witnesses, who must then sign the will in the presence of the testator and of each other. An interested witness (one who is also a beneficiary) does not invalidate the will under Fla. Stat. Section 732.504, but using two disinterested witnesses avoids inviting a probate challenge.

No, not to be valid. A Florida will is made valid by two attesting witnesses under Fla. Stat. Section 732.502, not by a notary. A notary is used only for the optional self-proving affidavit under Fla. Stat. Section 732.503, a sworn statement the testator and witnesses sign before a notary that lets the will skip witness testimony at probate. Skipping the affidavit does not make the will invalid, it just means witnesses may need to testify later.

Not on handwriting alone. Florida does not recognize holographic wills. Fla. Stat. Section 732.502(2) states that a will in the testator's own handwriting is not treated as a holographic will and is valid only if it is executed with the same formalities as any other will, meaning it must still be signed by the testator and attested by two witnesses who sign in each other's presence.

Put your wishes in writing, sign at the end of the document (or have someone sign for you in your presence and at your direction), and sign in front of at least two witnesses who then sign in your presence and in each other's presence, per Fla. Stat. Section 732.502. Naming a personal representative and, if applicable, a guardian for minor children are the other core decisions the document should cover.

A valid Florida will must be in writing, signed by a testator who is at least 18 (or an emancipated minor) and of sound mind under Fla. Stat. Section 732.501, signed at the end by the testator or at the testator's direction, and attested by two witnesses who sign in the presence of the testator and of each other under Fla. Stat. Section 732.502. A notary is not required for validity, only for the optional self-proving affidavit.

It is an optional sworn affidavit, signed by the testator and witnesses before a notary or other officer authorized to administer oaths, that is attached to the will under Fla. Stat. Section 732.503. It lets the will be admitted to probate without the court having to locate and question the witnesses, so most Florida wills add it at the time of signing even though it is not required to make the will itself valid.

18, or an emancipated minor of any age, and the testator must be of sound mind. Fla. Stat. Section 732.501 sets this standard for who may make a will in Florida; there is no separate mental-capacity test spelled out beyond the sound-mind requirement.

By a later will or codicil that is inconsistent with the earlier one (revocation only to the extent of the inconsistency), by a subsequent writing declaring the revocation and executed with the same formalities as a will, or by a physical act such as burning, tearing, canceling, defacing, or obliterating the will with intent to revoke, done by the testator or by someone else in the testator's presence and at the testator's direction (Fla. Stat. Sections 732.505-732.506). Divorce also voids provisions for a former spouse under Fla. Stat. Section 732.507.