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How do I make a valid will in Florida?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Florida will execution is governed by Chapter 732 of the Florida Statutes (Probate Code, Intestate Succession and Wills).

1. Testator Requirements

  • Age: 18 or older, or an emancipated minor (Fla. Stat. § 732.501).
  • Capacity: Sound mind.

    • 2. Strict Witness Requirements

    Florida is strict — § 732.502(1) requires:

  • Testator signs at the end of the will (or another person signs at the testator's direction).
  • Testator signs (or acknowledges a previous signature) in the presence of at least 2 attesting witnesses.
  • The 2 witnesses sign in the presence of the testator AND in the presence of each other.

    • Failure to follow these formalities invalidates the will — Florida has no "harmless error" rule.

    3. Notarization

    Not required for validity, but a self-proving affidavit under § 732.503, signed by the testator and witnesses before a notary, allows the will to be admitted to probate without locating the witnesses.

    4. Holographic Wills NOT Allowed

    Florida does not recognize holographic wills (§ 732.502(2)) — even one wholly in the testator's handwriting is invalid unless witnessed in the manner above. A holographic will from another state is also invalid in Florida unless executed with the same formalities Florida requires.

    5. Nuncupative (Oral) Wills

    Not allowed. Florida requires written wills.

    6. Intestacy (No Will)

    Chapter 732, Part I. A surviving spouse with no descendants takes the entire estate; with descendants all from the marriage and no other descendants of the spouse, the spouse takes the entire estate; with descendants from other relationships, the spouse takes one-half (§ 732.102).

    7. Small Estate / Summary Administration

    Summary administration is available under Fla. Stat. § 735.201 if the estate is valued under $75,000 (excluding exempt property) or the decedent has been dead more than 2 years. Disposition without administration (§ 735.301) is available for very small estates with only exempt property and final-illness/funeral expenses.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You moved from a state where holographic wills are valid
    • You want to disinherit a spouse (note Florida elective share)
    • Your homestead is involved (constitutional restrictions apply)
    Related Statutes & Laws
    • Fla. Stat. § 732.501
    • Fla. Stat. § 732.502
    • Fla. Stat. § 732.503
    • Fla. Stat. § 732.102
    • Fla. Stat. § 735.201

    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.