Florida Will Requirements: Signing, Witnesses, Validity

Last updated September 30, 2026

To be valid in Florida, a will must be in writing, signed by the testator at the end, and signed by two witnesses who are present when the testator signs (or acknowledges the signature) and who sign in the presence of the testator and each other — all under §732.502, Florida Statutes. Get the execution wrong and the will can fail entirely. This is general information about Florida law, not legal advice.

The execution checklist

In writing

Florida does not recognize oral (nuncupative) wills. The will must be a written document.

Signed at the end by the testator

The testator signs at the end of the will (or another person signs the testator's name, in the testator's presence and at their direction).

Two witnesses, present together

Two competent witnesses must sign in the presence of the testator and of each other. This 'presence' requirement is where DIY wills most often fail.

Self-proving affidavit (recommended)

A notarized affidavit under §732.503, signed by the testator and witnesses, lets the will be admitted to probate without later locating the witnesses. Not required for validity, but highly advisable.

What does NOT work in Florida

Handwritten (holographic) wills

A will that is handwritten and not witnessed is not valid in Florida — even if it was valid in the state where it was signed. It still must meet §732.502.

Oral wills

Nuncupative (spoken) wills are not recognized.

Improperly witnessed wills

Missing a witness, witnesses not present together, or signing in the wrong order can void the will. Formality is the point.

Capacity and age

Under §732.501, the testator must be at least 18 (or an emancipated minor) and of sound mind. A will signed under undue influence, fraud, or without capacity can be challenged in probate — another reason careful execution and, for higher-stakes situations, your own attorney’s involvement matter.

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General information about Florida law, not legal advice, and not a substitute for advice from a licensed Florida attorney. EstateDraftFL is software, not a law firm.

Frequently asked questions

How many witnesses does a will need in Florida?

Two. Under §732.502, Florida Statutes, the testator must sign the will at the end, and two witnesses must sign in the presence of the testator and in the presence of each other. All three signatures happen together.

Does a Florida will need to be notarized?

Not to be valid — a properly witnessed will is valid without notarization. But adding a notarized self-proving affidavit (§732.503) lets the will be admitted to probate without tracking down the witnesses later, so it is strongly recommended.

Is a handwritten (holographic) will valid in Florida?

Generally no. Florida does not recognize holographic wills (handwritten and unwitnessed), even if they were valid in the state where they were made. A handwritten document still must meet Florida's signing-and-witnessing requirements. Florida also does not recognize oral (nuncupative) wills.

Who can make a will in Florida?

Any person who is 18 or older (or an emancipated minor) and of sound mind may make a Florida will (§732.501). 'Sound mind' generally means understanding the nature of making a will, the property involved, and the people who would naturally inherit.

Are electronic wills legal in Florida?

Yes. Florida permits electronic wills under §§732.521–732.525, with specific requirements including a qualified custodian and, in many cases, remote online notarization. The formality bar is high, so electronic execution should be done through a compliant process.

General information about Florida law, not legal advice.