How to Create a Will in Florida
What Is a Will in Florida?
A legal document that outlines how you want your assets distributed and your affairs handled after you pass away.
In Florida, this document is officially known as a Last Will and Testament and is governed by Florida Statutes § 732.502.
Florida Requirements
| Requirement | Details |
|---|---|
| Minimum Age | 18 years old |
| Witnesses Required | 2 — Two witnesses must be present at the same time and must sign in the presence of each other and in the presence of the testator. Florida enforces a strict presence requirement — all three people (testator and both witnesses) must watch each other sign. |
| Notarization | Not required — Notarization is not required for the will itself to be valid. However, a notarized self-proving affidavit is highly recommended to streamline probate. |
| Self-Proving Affidavit | Available — A self-proving affidavit under Fla. Stat. § 732.503 can be signed at the same time as the will. The testator and witnesses make sworn statements before a notary, eliminating the need for witness testimony during probate. |
| Holographic (Handwritten) | Not allowed — Florida does not recognize holographic (handwritten, unwitnessed) wills created in Florida. However, a holographic will validly executed in another state may be recognized if it met that state's requirements at the time of execution. |
| Governing Statute | Florida Statutes § 732.502 |
How to Create a Will in Florida: Step by Step
- 1
Inventory your assets and beneficiaries
List all assets including real estate, bank accounts, investments, and personal property. Identify who you want to receive each asset.
- 2
Choose a personal representative
Florida uses the term 'personal representative' instead of executor. Your PR must be either a Florida resident or a spouse, sibling, parent, child, or other close relative, even if they live out of state.
- 3
Name guardians for minor children
If you have children under 18, designate a guardian in your will. Florida courts give significant weight to a parent's written nomination.
- 4
Draft your will
Include your full legal name, a statement that this is your will, a revocation of all prior wills, and clear distribution instructions. Address your homestead property specifically.
- 5
Sign in the presence of two witnesses
You and both witnesses must all sign in each other's presence simultaneously. This strict presence requirement is heavily enforced in Florida — do not sign separately.
- 6
Attach a self-proving affidavit
Have the testator and both witnesses sign a sworn affidavit before a notary public. This eliminates the need for witnesses to appear in probate court.
- 7
Store your will safely
Keep the original in a secure, accessible location such as a fireproof safe. You may also file your will with the clerk of the circuit court in your county for safekeeping. Inform your personal representative of its location.
Will Costs in Florida
What you can expect to pay for a will in Florida, depending on how you create it.
Common Mistakes When Creating a Will in Florida
Not signing in each other's presence
Florida's strict presence requirement means the testator and both witnesses must all be present and watch each other sign. Having witnesses sign later or in a separate room can invalidate the entire will.
Ignoring homestead restrictions
Florida's homestead laws restrict how you can devise your primary residence if you have a surviving spouse or minor children. You generally cannot leave your homestead to anyone other than your spouse if you have a surviving spouse, unless the spouse waives this right.
Failing to update after relocating to Florida
If you moved to Florida from another state, your old will may still be valid, but it may not account for Florida's unique homestead protections, personal representative requirements, or the lack of state income tax planning opportunities.
Florida-Specific Considerations
- •Florida has some of the strongest homestead protections in the country. Your primary residence is protected from most creditors and has restrictions on how it can be devised in a will.
- •Florida has no state income tax and no state estate tax, making it a favorable state for estate planning.
- •The small estate threshold for summary administration is $75,000 (excluding homestead property). Estates below this amount or where the decedent died more than two years ago may qualify for simplified probate.
- •Florida requires that a non-resident personal representative be a close relative (spouse, sibling, parent, child, or other close family member) — you cannot name a friend who lives out of state.
- •Florida is not a community property state. It follows equitable distribution for marital property, and the surviving spouse has a right to an elective share of 30% of the estate.
Create Your Will for Florida
Use our guided will generator to create a legally valid will tailored to your state's requirements.
Create Your WillFrequently Asked Questions About Will in Florida
- Do I need a lawyer to make a will in Florida?
- No. Florida law does not require an attorney. However, because of Florida's unique homestead laws and strict execution requirements, consulting an attorney is strongly recommended to avoid inadvertently creating an invalid will.
- Can I disinherit my spouse in Florida?
- Not entirely. Florida law provides a surviving spouse with an elective share of 30% of the estate (Fla. Stat. § 732.2065). Additionally, homestead property has its own protections for surviving spouses that cannot be overridden by a will.
- What happens if I die without a will in Florida?
- Your estate will be distributed under Florida's intestacy laws (Fla. Stat. § 732.101 et seq.). Generally, your surviving spouse receives all or a large portion of the estate, followed by your descendants. If you have no surviving relatives, the estate escheats to the state.
- Is a handwritten will valid in Florida?
- No. Florida does not recognize holographic (handwritten, unwitnessed) wills created in Florida. Your will must be signed in the presence of two witnesses who also sign in each other's presence.
- Can I file my will with the court before I die?
- Yes. Florida allows you to deposit your will with the clerk of the circuit court in the county where you live for safekeeping (Fla. Stat. § 732.901). This ensures it will be found and submitted to probate.