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Florida has some of the strictest will-signing rules in the country: you must sign at the end of the document, before two witnesses who then sign in your presence and in each other’s presence — and handwritten wills without witnesses are void, even if they were valid in the state where you wrote them. Florida is also one of the few states where a fully electronic will is legal. Online services prepare a Florida-specific will for $199–$299; attorney drafting runs several hundred dollars to $1,000+ at Florida rates. Every rule below cites the Florida Statutes directly.
Florida’s signing formalities are exactly where do-it-yourself wills fail.
The document itself is the easy part — it’s the execution ceremony Florida is strict about. An online service like Trust & Will produces a Florida-specific will with the witness pages and self-proving affidavit laid out so the signing is done right.
Disclosure: we earn a commission if you buy through the Trust & Will links here, at no extra cost to you. Complex situations belong with an attorney and we say so below.
Florida Will Requirements (2026)
Florida Statutes § 732.502 sets the execution rules — and they are less forgiving than most states’:
| Requirement | Florida rule | Statute |
|---|---|---|
| In writing | A written document — or, uniquely, a compliant electronic will (below) | §§ 732.502, 732.522 |
| Signed at the end | You must sign at the end of the will, or another person may subscribe your name in your presence and at your direction | § 732.502(1)(a) |
| Witnessed | Two attesting witnesses who watch you sign (or hear you acknowledge your signature), then sign in your presence and in the presence of each other | § 732.502(1)(b)–(c) |
| Notarized | Not required for validity — the notary appears only in the optional self-proving affidavit | § 732.503 |
Who can make a will: anyone of sound mind who is 18 or older, or an emancipated minor (§ 732.501). No particular form of words is required (§ 732.502(4)) — what Florida polices is the signing ceremony, not the vocabulary.
The self-proving affidavit: standard practice in Florida
A Florida will can be admitted to probate without hunting down the witnesses if it carries a self-proving affidavit — signed by you and both witnesses before a notary or other officer, with the certificate attached to the will (§ 732.503). It can be added at signing or any later date, and Florida’s affidavit form now expressly allows execution by physical presence or online notarization. Given how busy Florida’s probate courts are, a will without one just adds friction for your family.
Handwritten Wills Are Void in Florida — Even From Other States
Florida flatly refuses holographic wills (unwitnessed handwritten wills) and nuncupative wills (oral wills). The statute is explicit: a nonresident’s will is honored if valid where executed — “other than a holographic or nuncupative will” (§ 732.502(2)). This is the trap for new Florida residents: most states honor any will that was valid where you signed it. Florida is the exception — a handwritten will that was perfectly legal in Texas or Virginia becomes worthless the day Florida becomes your domicile.
One clarification: a will in your handwriting is fine if it was executed with the full two-witness ceremony — Florida then simply doesn’t classify it as “holographic” (§ 732.502(2)). What’s void is handwriting instead of witnesses.
Electronic Wills: Legal in Florida Since 2020
Florida is one of the few states where a fully electronic will is valid (§ 732.522, enacted by ch. 2019-71). An electronic signature satisfies the signing requirement, and the witnesses can even appear by audio-video connection — if the session is supervised by a notary as part of a compliant online notarization, the signer states aloud that they signed, and the other statutory safeguards are met. An electronic will is judged by the same validity standards as a paper one (§ 732.522(3)). Practical note: most online will services, including Trust & Will, still produce a paper will you sign with physical witnesses — simpler, cheaper, and every probate judge in Florida knows exactly what to do with it.
Dying Without a Will in Florida: Who Gets What
Without a will, Florida’s intestacy statutes decide (§§ 732.102–732.103) — and blended families get halved from either direction:
| Your situation | What happens without a will |
|---|---|
| Married, no descendants | Spouse takes the entire estate (§ 732.102(1)) |
| Married, all children shared — and spouse has no others | Spouse takes the entire estate (§ 732.102(2)) |
| You have a child from a prior relationship | Spouse takes only one-half; your descendants take the other half (§ 732.102(3)) |
| Your spouse has a child from a prior relationship (all of yours are shared) | Spouse still takes only one-half (§ 732.102(4)) |
| Single with children | Everything to your descendants (§ 732.103(1)) |
| Single, no children | Parents; then siblings and their descendants; then grandparent lines; ultimately even your late spouse’s relatives before the state (§ 732.103(2)–(5)) |
Note the fourth row — it surprises everyone. Even if every child you have is also your spouse’s child, your spouse still loses half the estate to the children the moment the spouse has a child from another relationship. In a state full of second marriages, that rule alone is reason to put your wishes in writing.
What a Will Costs in Florida
| Route | Typical cost | What you get |
|---|---|---|
| Handwritten, no witnesses | $0 | Void in Florida — not a discount option here |
| Online service | $199 individual / $299 couple | Florida-specific will with witness pages and self-proving affidavit, done in about an hour |
| Florida attorney | Several hundred to $1,000+ simple; more for couples or complex estates | Custom drafting and counsel — The Florida Bar’s economics survey reports 85% of Florida attorneys bill over $275/hour and more than half over $350/hour, and a simple will takes roughly one to three attorney hours |
Online pricing verified against Trust & Will’s published rates (August 2026); attorney rates from The Florida Bar’s economics and law office management survey. South Florida and the coastal metros run above the statewide figures. See how Florida compares with the rest of the country for national cost ranges and a state-by-state table of will requirements.
What a Florida Will Does Not Do
1. A will does not avoid probate — and Florida probate is the expensive kind. A will is your instruction sheet for the probate court, not a detour around it. Florida formal administration routinely takes 6–12+ months, attorney involvement is effectively required, and the file is public record. This is why probate avoidance is a bigger deal in Florida than in most states — see what a living trust costs in Florida for the comparison.
2. A will does not cover incapacity. It speaks only at death. A complete Florida plan pairs the will with a durable power of attorney and healthcare directives — see the five documents every family needs.
3. A will does not override beneficiary designations. Life insurance, retirement accounts, and payable-on-death accounts pass to the named beneficiary regardless of the will — a special hazard for retirees who moved to Florida with decades-old beneficiary forms naming ex-spouses.
Will vs. Trust for Florida Families
Every Florida adult needs a will. Whether to add a living trust is a sharper question here than in most states, because Florida probate is slow, attorney-driven, and public — while Florida’s homestead rules add their own wrinkles that generic documents miss. If you own a Florida home, spend part of the year in another state, or have a blended family, the trust conversation is worth having: start with Trust vs. Will: Which Does Your Family Need? and the numbers in our Florida living trust cost guide.
If the will route fits, Trust & Will’s Florida package includes the witness pages, self-proving affidavit, guardianship nominations, and healthcare documents — build your Florida will here.
FAQ
Does a will have to be notarized in Florida?
No. Validity requires your signature at the end plus two witnesses signing in your presence and each other’s presence (§ 732.502). The notary appears only in the optional — but strongly recommended — self-proving affidavit (§ 732.503).
Are handwritten wills legal in Florida?
Not without witnesses. Florida refuses holographic wills entirely — including ones validly made in other states (§ 732.502(2)). A handwritten document executed with the full two-witness ceremony is valid; handwriting is never a substitute for witnesses.
I just moved to Florida — is my old will still valid?
Usually yes: Florida honors a nonresident’s will if it was valid where executed — unless it’s a holographic or oral will, which Florida refuses (§ 732.502(2)). Moving to Florida is also the right moment to re-check beneficiary forms, personal representative choices, and Florida’s homestead rules.
Can I make an electronic will in Florida?
Yes — Florida has allowed electronic wills since 2020, including remote witnessing through a supervised online notarization session (§ 732.522). Most people still execute a paper will; both are equally valid if done correctly.
What happens if I die without a will in Florida?
Your spouse takes everything only if neither of you has children outside the marriage. If either of you does, your spouse gets one-half and your descendants the other half (§ 732.102). With no spouse, the estate runs down the family line — descendants, parents, siblings, and beyond (§ 732.103).
Does a will avoid probate in Florida?
No — a will is processed through probate, and Florida’s formal administration is among the longer and more attorney-dependent processes in the country. Living trusts, beneficiary designations, and survivorship titling are the tools that bypass it.
Florida Statutes Cited on This Page
- Fla. Stat. § 732.501 — who may make a will
- Fla. Stat. § 732.502 — execution; holographic and nuncupative wills void
- Fla. Stat. § 732.503 — self-proof of will
- Fla. Stat. § 732.522 — electronic wills
- Fla. Stat. § 732.102 and § 732.103 — intestate succession
- The Florida Bar — economics survey, hourly rates
Update log — August 2026: page created; all statutory requirements verified against the 2025 Florida Statutes. Reviewed when Florida law changes.