Requirements for a Legally Valid Will in Florida
August 7, 2026
Make sure your estate is handled the way you want it after you pass. To do this, you need a legally valid will. Drafting one requires more than just writing down how you want your assets distributed.
Florida courts require specific guidelines to validate your will and directives during probate. If you understand Florida’s will requirements, you can make sure the courts follow the wishes you laid out in your last will and testament.
Wills and Probate in Florida
Florida residents should prepare a will to control how their estate is allocated. You aren’t required to have a last will and testament, but without one, the state determines how to distribute your estate and assets. Generally, the state distributes your assets to your closest relatives, like a spouse or children, based on intestate laws. To divide your assets according to your wishes, you must create a personalized will.
You can ensure the legal validity of your will by following all of Florida’s legal requirements. This prevents your will and any modifications from being invalidated and ensures the court acts according to your wishes.
As the testator (the person creating the will), you can choose anyone eligible under Florida law to become your estate’s executor (also known as a personal representative). The testator is responsible for directing asset allocation and may also set up trusts for asset management.
In 2019, Governor DeSantis signed the Florida Electronic Wills Act into law, which allows individuals in Florida to execute their will electronically using online notarization legally.
Individuals considering creating a will electronically should seek assistance from an experienced will and probate attorney before signing the will, as this process requires several specific steps and documents.
Legal Requirements for Wills in Florida
Every state establishes specific requirements that individuals must follow to have a legally binding will. Under Florida law, a last will and testament is only considered legally binding if it meets the following criteria:
It is in writing
Florida probate courts will not accept nuncupative (verbally given) or holographic (handwritten by the testator without a witness’s signature) wills.
It is created by a competent person
Anyone of sound mind is eligible to act as a testator. The testator must understand the will’s nature, extent, and practical effect. Individuals under 18 cannot act as testators unless they are emancipated minors.
It is signed by the testator
Any mark, letter, symbol, or initial can qualify as a signature.
It is signed by and in the presence of at least two witnesses
When each witness signs the will, the testator and the other witness must be present. Like the testator, witnesses must be of sound mind for the will to be considered binding.
It can be amended or revoked
You must be able to create a subsequent will or codicil (a modification to a will) that amends or revokes the original will. If there is any inconsistency between the original will and the codicil, Florida law deems the original will invalid. The addendum must also have the same execution formalities as the original will.
It can be contested
A will cannot include a provision that discourages a person from contesting its terms. Florida courts will not enforce these provisions. However, individuals wishing to contest a will must do so after the testator passes away. Additional Considerations for Wills in Florida
Creating a Will in Florida
When creating a will in Florida, you can work with a will and probate attorney at Mario Gunde Peters & Kelley to simplify the process. An experienced estate planning attorney at our law firm can help you understand additional considerations for wills in Florida.
For example, Florida law doesn’t require standardized documentation or official terminology in the will to make it valid. As long as you execute the will within Florida law’s required formalities, the will is legally binding.
Florida law only requires notarization of the will if you want to categorize it as self-proving. A self-proving will doesn’t require a witness testimony for probate. In Florida, both the testator and the witnesses must sign a self-proving affidavit, which they must then get notarized. You can enter a self-proving will into the probate courts without further proof of authenticity, which can speed up the probate process.
Although Florida doesn’t require you to work with an attorney when creating a will, we recommend you seek assistance from a will and probate lawyer. Your lawyer can oversee the process and make sure all elements are clear, consistent, and legally valid.
When Can a Will Be Invalidated?
A court can only invalidate a last will and testament under certain circumstances, including:
Improper execution
Probate courts may declare a will invalid if it lacks two witness signatures, the testator was under 18, or the person writing the will is declared of unsound mind.
Procured by fraud
If the testator is unaware of what they are signing, or someone intentionally misleads the testator into signing the will, the court may invalidate the will.
Undue influence
If someone puts undue pressure on a person to include certain words in the will that do not reflect the creator’s wishes, the will may not hold up in court.
Lack of testamentary capacity
Anyone executing a will must understand their actions when they sign the will. This includes knowing what assets they possess, who their assets are going to, who their natural heirs are, and the will’s effect.
Duress
No one can physically threaten or coerce someone to create, witness, or sign a will.
While any of these factors are grounds to declare a will legally invalid, a minor drafting or execution error may not lead to complete invalidation of the will. If the will contains an error, the probate courts must decide whether or not to declare the will procedurally invalid. The court can declare certain portions of the will legally invalid while keeping the remaining valid sections of the document intact.
A Legally Valid Florida Will
Whether you are planning for your future by creating a will or undergoing the probate procedure after the passing of a loved one, the wills and probate attorneys of Mario Gunde Peters & Kelley have the knowledge and experience to help you navigate the process.
We provide comprehensive will and probate planning services, including a last will, a living will, a health care surrogate, and a power of attorney.
Plan and protect your and your family’s future. Contact us 24/7 to set up a free consultation or document review. Same-day appointments are available.
Florida Will FAQs
Yes. Florida generally recognizes a will that someone legally executed in another state if the will met that state’s legal requirements when the person created it. However, Florida law can affect how the will applies to property and beneficiaries after the person moves to Florida. A Florida estate planning attorney can review an out-of-state will to determine whether it still meets the person’s needs.
After someone dies, the original will typically goes to the clerk of the circuit court in the appropriate Florida county. If the estate requires probate, the court reviews the will and oversees the process of identifying assets, paying valid debts and expenses, and distributing property according to the will and Florida law. The personal representative manages many of these responsibilities during probate.
A properly executed Florida will generally remains valid until the testator revokes it or replaces it with a later valid will. Major life changes, such as marriage, divorce, the birth of children, or significant changes in assets, can affect how well an existing will accomplishes the person’s wishes. Reviewing an estate plan after major life events can help ensure the documents continue to reflect the person’s current intentions.