What Are the Will Requirements in Florida?

Individuals who are worried about the future of their legacy and the protection of their loved ones commonly ask: What are the will requirements in Florida? These legal guidelines are particularly important for individuals and retirees who may be moving to Florida, where laws may be different from their state of origin. Florida’s laws are specific to the state, governing the creation, witnessing, and execution of wills.

For folks who are going over their estate plans or want to prepare documents for the first time, teaming up with a New Smyrna Beach wills lawyer and law firm can make all the difference, from ensuring compliance to avoiding conflict between heirs when the estate plan is put to the test.

Increasing Homeownership and Estate Planning Needs

According to Data USA, 67.3% of Florida’s 10.1 million housing units were occupied by homeowners in 2023, which is an increase from the prior year of 66.9%. Furthermore, of all homeowners, 65.9% had a mortgage. As Floridians continue to purchase homes and build up equity, the need to have a robust estate plan grows, too.

In an estate, the home tends to be the largest asset, and without having a valid will, families can experience chaos and disappointment during probate. If someone dies without a valid will, state law dictates who inherits through a process called intestate succession. This makes it more important than ever to have an understanding of how Florida law treats wills and other crucial estate planning tools.

Basic Requirements for a Valid Will in Florida

For a will to be considered valid in Florida, the requirements are strict. First and foremost, the document needs to be in writing. Oral wills are not recognized in Florida, even if they have been accepted in other states. Secondly, the testator, or person creating the will, needs to sign the document at the end.

There needs to be two witnesses who sign the will in the presence of each other and the testator. The rules for witnessing are some of the most crucial parts of the Florida will statute and can often be misunderstood by individuals who attempt to create their own documents without having any legal guidance.

These requirements become even more crucial for aging residents, in a state that has a median age of 42.8, which is roughly 10% higher than the nationwide average of 39.2. Many older Floridians heavily rely on estate planning tactics to ensure the safeguarding of their property and protection of their end-of-life wishes.

When To Hire a Wills Lawyer

Although it is not required by law that you have an attorney to create a valid will in Florida, the complex requirements can make working with a legal professional invaluable. A qualified attorney can help individuals ensure that their out-of-state wills are recognized in Florida, that their wishes for end-of-life are respected, and that their loved ones are protected long after they are gone.

A New Smyrna Beach wills lawyer can help Florida families understand will requirements, avoid common execution mistakes, and make a robust estate plan that offers some peace of mind.

FAQs

What Are the Basic Legal Requirements for a Will in Florida?

The basic legal requirements for a will in Florida are that the will must be written and signed by the testator, in addition to having two competent witnesses who signed in the presence of each other and the testator. Oral wills are not recognized in Florida. Handwritten wills may be recognized, but with stringent requirements. It’s important to note, however, that a will considered valid in another state could be invalid in Florida.

Do I Need to Notarize My Will for It to Be Valid in Florida?

No, you do not need to notarize your will for it to be valid in Florida. It is, however, highly recommended to have notarization to make the will “self-proving”. A self-proving affidavit, which is signed before a notary, gives the probate court the ability to accept the will without having to go back and find where the witnesses are years after the will has been signed.

Can I Write My Own Will in Florida?

Yes, you can write your own will in Florida. However, doing so could be extremely risky. This is because the state has some of the strictest execution requirements for wills in the country. Therefore, even the smallest mistake, such as improper presence of a witness or incorrect signatures, could invalidate everything. By working with a knowledgeable wills lawyer, you can help your loved ones avoid costly probate disputes.

Who Can Serve as a Witness to a Will in Florida?

An individual who can serve as a witness to a will in Florida is any competent adult. Florida also allows interested witnesses to sign. Interested witnesses are people who stand to inherit according to the directives of the will. It’s important to note, however, that the majority of estate planning lawyers will recommend not using interested witnesses, as this can be a source of family conflict during probate.

Are Electronic Wills Legal in Florida in 2025?

Yes, electronic wills are legal in Florida in 2025. Florida law allows for electronic wills, as long as they are in compliance with stringent statutory standards, such as certified electronic storage and remote online notarization. Because the requirements are highly technical, however, many Floridians still opt for traditional paper wills in order to avoid non-compliance issues. A skilled attorney can help you understand which option may be right for your planning needs.

Make Sure Your Will Meets Every Florida Legal Requirement

When it comes to will execution, Florida is strict, with even the tiniest of errors snowballing into devastating issues for your family. That’s why The Preston Law Firm, located in the New Smyrna Beach Historic District, brings care, precision, and knowledge to each estate planning case, helping individuals and families enjoy peace of mind and security. Together, we can execute a robust, legally enforceable will that defends all you have worked a lifetime to build and grow. For many people, a will is the cornerstone of a plan that may also include other tools, like trusts, for greater control and flexibility.

What are the will requirements in Florida? Contact The Preston Law Firm today to schedule your consultation and get a better understanding of state will requirements. We can help you rest easy knowing that your will satisfies Florida’s 2025 requirements.