Last Will and Testament in Florida

Federal & State Law Editorial TeamLast reviewed: April 2026

Florida Requirements

  • Must be in writing and signed by the testator (or another at testator's direction)
  • Two attesting witnesses must sign in the presence of the testator and each other
  • Holographic (handwritten, unwitnessed) wills are NOT valid in Florida
  • Self-proving affidavit recommended to streamline probate
  • Surviving spouse has an elective share right of 30% of the augmented estate
Filing Location

Circuit Court (Probate Division)

Filing Fee

$400–$410 (probate filing)

How to Complete This Form

  1. 1List all of your assets, including real property, bank accounts, investments, and personal property.
  2. 2Decide how you want your assets distributed and name your beneficiaries.
  3. 3Appoint an executor (personal representative) to manage your estate after death.
  4. 4If you have minor children, name a guardian for them.
  5. 5Draft the will using your state's required format and language.
  6. 6Sign the will in the presence of the required number of witnesses and, if desired, execute a self-proving affidavit.
  7. 7Store the original will in a safe location and inform your executor of its location.

Download Form Template

Download a template for the Last Will and Testament customized with Florida-specific requirements and instructions.

Last Will and Testament in Other States

Other Forms in Florida

When to Talk to a Lawyer

  • You have a blended family, children from multiple marriages, or beneficiaries with special needs.
  • Your estate includes business interests, property in multiple states, or assets that may trigger estate taxes.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.