Wills in Florida: What They Do and What They Don't
Fla. Stat. Ch. 732; §§ 732.501, 732.502, 732.5165, 732.507
A will is the foundational Florida estate-planning document. It nominates a personal representative, names a guardian for minor children, and directs what happens to probate property. Florida enforces strict execution formalities, and a will that misses them is void — no matter how clear the testator's intent was.
What it is
A Florida will is a written, testamentary document — it has no legal effect until the testator dies and it is admitted to probate under Chapter 733. While the testator is alive, a validly executed will can be revoked or amended at will and controls nothing. At death, it nominates the personal representative who will administer the estate, names a guardian for any minor children, and directs the distribution of probate assets — property titled solely in the decedent's name with no beneficiary designation or joint owner.
Execution is where most Florida wills succeed or fail. Capacity comes first: under Fla. Stat. § 732.501, a testator must be of sound mind and either 18 or older or a lawfully emancipated minor. The formalities follow in § 732.502 — the testator signs at the end of the document, or directs someone else to sign for them in their presence, and two witnesses sign in the presence of the testator and of each other. Miss any one of those elements and the document is not a will under Florida law, regardless of what it says. A self-proving affidavit under § 732.503, signed and notarized at the same time as the will, lets the will be admitted without locating and deposing a witness after death; it is not required for validity, but nearly every will should have one.
Fla. Stat. § 732.522 added a Florida-specific path for electronic wills, executed using an approved remote online notarization platform with the signing captured on audio-video. Done correctly, an electronic will carries the same legal weight as a paper one. The formalities are just as exacting in the online format, and the platform and recording requirements add a layer most testators are not equipped to navigate without counsel.
A will does not control everything. It cannot override a beneficiary designation on a retirement account, life insurance policy, or payable-on-death account — those pass by contract, regardless of what the will says. It cannot defeat the surviving spouse's elective share under § 732.201, and it cannot direct the homestead in a way that conflicts with Florida's constitutional devise restrictions absent a valid waiver. And Florida's pretermitted spouse and child statutes, §§ 732.301–732.302, can give a share to a spouse married after the will was signed, or a child born or adopted afterward, if the will was never updated to address them.
Who Needs a Florida Will
Every adult with assets, minor children, or a preference about who is in charge after death needs at least a will — even someone with a revocable trust needs a will as a backstop. A will matters most when:
- You have minor children and want to nominate their guardian. Florida courts give substantial weight to a parent's written nomination.
- You want a specific person to serve as personal representative, rather than leaving Chapter 733's statutory priority order to decide by default.
- You have specific bequests — a piece of jewelry, a vehicle, a family item — that you want to direct to a particular person rather than have it fall into the general estate.
- You have a Florida Revocable Living Trust: How the Instrument Works: a short pour-over will is still the standard companion, catching anything left outside the trust. See Funding Your Florida Revocable Trust for why the trust alone is not enough.
- You want to disinherit an heir who would otherwise take under intestacy, or you are planning around a blended family — see Florida Estate Planning for Blended Families.
- You hold digital assets, business interests, or unusual property that Chapter 732's default distribution scheme handles poorly.
A will alone still leaves every probate asset subject to Florida's formal or summary administration. Families who want to avoid probate altogether typically pair a will with a properly funded Florida Revocable Living Trust: How the Instrument Works.
Having a Will vs. Florida Intestacy
| Aspect | Wills in Florida: What They Do and What They Don't | No Will (Intestate) |
|---|---|---|
| Personal representative | Nominated by the testator | Determined by statutory priority under § 733.301 |
| Guardian for minor children | Nominated in the will | Determined by the court with no parental nomination |
| Distribution of assets | Per the testator's stated wishes | Fixed statutory shares under §§ 732.102–732.103 |
| Specific bequests | Possible — name an item to a person | Not possible — all property follows the statutory formula |
| Risk of dispute among heirs | Lower — intent is documented | Higher — no documented preference to point to |
Executing a Valid Florida Will
Execution mistakes are the most common way an otherwise well-considered Florida will fails. The document itself can be thoughtful and complete; if the signing does not meet § 732.502's formalities, none of that matters.
- Step 1: Confirm testamentary capacity at the moment of signing — understanding the nature of the act, the extent of the property involved, and the natural objects of one's bounty.
- Step 2: Draft to address every probate asset, the guardian and personal representative nominations and their successors, and any testamentary trust provisions needed for minor beneficiaries.
- Step 3: Execute with two witnesses physically present with the testator — or through Florida's remote online notarization procedure for electronic wills — all signing in each other's presence.
- Step 4: Attach a self-proving affidavit, notarized at the same signing. Without it, admitting the will to probate requires locating and deposing a witness after death.
- Step 5: Store the signed original somewhere it will actually be found. Florida probate looks for the original will; a lost original creates a rebuttable presumption that the testator revoked it.
- Step 6: Revisit the will after a marriage, divorce, birth or adoption of a child, death of a nominated personal representative or guardian, or a significant change in assets. The pretermitted spouse and child statutes can override a will that was never updated.
Why work with an attorney
Substantial, because Florida's execution formalities are unforgiving. A generic online template does not know that the will must be signed at its end, that both witnesses must be present with the testator and each other at the same time, or that a self-proving affidavit needs its own notarization — and a document that gets any of it wrong is not a will at all, discovered only after death when nothing can be fixed. Counsel also coordinates the will with what it cannot control: beneficiary designations, the elective share, and the homestead devise restrictions discussed on our Florida Homestead Devise Restrictions: Planning Around Them page, so the plan works as a whole rather than in conflicting pieces.
Frequently Asked Questions
Does a handwritten will count in Florida?
Not on its own. Florida does not recognize a will as valid merely because it is in the testator's own handwriting. Unless the document also meets Florida's witness and signature requirements under § 732.502 — or was validly executed under the law of the state or country where it was signed, per § 732.502(2) — an unwitnessed handwritten will is not admissible to probate here.
Can I use an online template to write my own Florida will?
You can, but the risk sits entirely in the execution, not the wording. Templates rarely explain Florida's specific signing requirements — signature at the end of the document, two witnesses present together with the testator, a properly notarized self-proving affidavit — and a document that fails any one of them is void. The failure is discovered only after death, when there is no opportunity to correct it.
What happens if I die without a will in Florida?
Your probate assets pass by intestate succession under §§ 732.102–732.103 — fixed statutory shares to a spouse and descendants that may not match what you would have chosen, and the court appoints a personal representative and any guardian for minor children without your input. See our What Happens When Someone Dies Without a Will in Florida page for the full breakdown.
Can my will override my life insurance or retirement account beneficiary?
No. Beneficiary designations on life insurance, retirement accounts, and payable-on-death or transfer-on-death accounts pass by contract directly to the named beneficiary, regardless of what the will says. Keeping those designations current is as important as the will itself.
Do I need a notary for my Florida will to be valid?
Not for bare validity — Florida requires two witnesses, not a notary, for a will to be valid. A notary is required for the self-proving affidavit, which is a separate, strongly recommended step that lets the will be admitted to probate without locating a witness after death.
Can I change my will after it's signed?
Yes, through a codicil or an entirely new will that revokes the prior one. A codicil must meet the same execution formalities as the original will — signature, two witnesses, ideally a self-proving affidavit. For anything beyond a small change, executing a clean new will is usually simpler and less error-prone than stacking codicils.
The information on this page is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Florida law changes. Consult a licensed Florida attorney for guidance specific to your matter.
Put a properly executed Florida will in place
A will that misses Florida's execution formalities is discovered too late to fix. Call (407) 843-0430 or schedule a consultation with our Orlando estate planning attorneys to get it right the first time.
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Yergey & Yergey, P.A. | 910 N. Fern Creek Avenue, Orlando, FL 32803
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