Florida Will Requirements: Witnesses, Self-Proving & More

A valid Florida will must be in writing, signed by the testator at the end, and signed by at least two witnesses in the presence of the testator and each other (Fla. Stat. § 732.502). Florida does not recognize holographic (unwitnessed handwritten) or oral wills. A self-proving affidavit can avoid witness testimony at probate (§ 732.503).

This is general information, not legal advice. Talk to a Florida attorney about how these rules apply to your situation.

A will is the document that says who gets your property and who will wind up your estate. In Florida, making one valid is mostly about how it’s signed and witnessed.

What makes a Florida will valid

Under Fla. Stat. § 732.502, a valid will must be:

In writing.
Signed by the testator at the end of the will (or signed by another person at the testator’s direction and in their presence).
Signed by at least two attesting witnesses who sign in the presence of the testator and of each other.

If a document doesn’t meet these formalities, Florida courts generally cannot admit it as a will.

No handwritten or oral wills

This is a key Florida rule: the state does not recognize holographic (unwitnessed handwritten) wills or nuncupative (oral) wills. Even a will written entirely in your own hand must still satisfy the two-witness requirement of § 732.502.

Making a will “self-proved”

A will can be made self-proved with a notarized self-proving affidavit signed by the testator and the witnesses (Fla. Stat. § 732.503). This avoids having to track down and produce witness testimony when the will is admitted to probate.

Electronic wills

Florida allows electronic wills under chapter 732 (Fla. Stat. § 732.522). Confirm current requirements before relying on one — the electronic-execution rules are newer and more technical than for paper wills.

A will doesn’t avoid probate

A will directs distribution, but the estate may still go through the probate process. To keep assets out of probate, see how to avoid probate and living trusts. To get matched with a local Florida estate-planning attorney, connect with a lawyer.

Frequently asked questions

How many witnesses does a Florida will need?

At least two. The will must be in writing, signed by the testator at the end, and signed by at least two attesting witnesses who sign in the presence of the testator and each other (Fla. Stat. § 732.502).

Is a handwritten or oral will valid in Florida?

No. Florida does not recognize holographic (unwitnessed handwritten) wills or nuncupative (oral) wills. Even a handwritten will must meet the two-witness signing requirement of Fla. Stat. § 732.502.

What is a self-proving affidavit?

A notarized affidavit that makes a will 'self-proved,' so the witnesses don't have to testify when the will is admitted to probate (Fla. Stat. § 732.503).

Related guides

Avoiding Probate in Florida In Florida, assets that pass outside probate include jointly held property with right of survivorship or tenancy by the entireties, beneficiary designations, payable-on-death and transfer-on-death accounts, and a funded revocable trust (ch. 736). Homestead generally passes outside the probate estate and is constitutionally protected from most creditors, though devise is restricted when there's a surviving spouse or minor child (§ 732.4015).

Florida Advance Directives: Health Care Surrogate & Living Will Under chapter 765, a Florida health care surrogate designation (§ 765.202) must be written and signed before two adult witnesses (at least one not the spouse or a blood relative; the surrogate can't be a witness). The principal may let the surrogate act immediately. A living will (§ 765.302) has the same two-witness requirement.

Florida Intestate Succession: Who Inherits Without a Will If you die without a will, Fla. Stat. § 732.102 sets the spouse's share: the spouse takes the entire estate if there are no descendants, or if all descendants are shared and the spouse has no others; the spouse takes one-half if there are non-shared descendants on either side. The rest passes to descendants, then parents, then siblings (§ 732.103). A surviving spouse may instead claim the elective share — 30% of the elective estate (§ 732.2065).

Florida Power of Attorney: Durable, Witnessed & Effective Now Under the Florida Power of Attorney Act (ch. 709), a POA is 'durable' (survives incapacity) only if it contains the statutory durability language (§ 709.2104). It must be signed by the principal, by two subscribing witnesses, and acknowledged before a notary (§ 709.2105). Florida no longer allows 'springing' POAs executed on or after Oct. 1, 2011 — a POA is exercisable when signed (§ 709.2108).

Revocable Living Trusts in Florida Revocable living trusts in Florida are governed by the Florida Trust Code (ch. 736). A funded revocable trust lets assets pass outside probate. The testamentary provisions of a revocable trust by a Florida settlor must be executed with the same formalities as a will — including two witnesses — to be valid (Fla. Stat. § 736.0403).

Florida Wills: Requirements & How They Work