A will—formally a “last will and testament”—is the document that tells a Florida probate court who should receive your property, who should administer your estate, and who should care for your minor children after you die. Florida's rules for making a valid will are strict and differ from many other states, so getting the formalities right is essential.
This guide explains how to make, change, and revoke a will in Florida, and why Florida rejects handwritten and oral wills. It is general information, not legal advice; consult a Florida attorney about your situation.
What makes a will valid in Florida
Under Fla. Stat. § 732.502, a Florida will must meet three core requirements. It must be in writing. It must be signed by the testator (the person making the will) at the end of the document—or signed in the testator's name by another person, at the testator's direction and in the testator's presence. And it must be signed by two attesting witnesses who are present at the same time and who watch the testator sign or acknowledge the signature.
The testator must be at least 18 years old (or an emancipated minor) and of sound mind. “Sound mind” means understanding, in a general way, the nature of your property, who your natural heirs are, and that you are making a plan to dispose of your property. A will signed under fraud, duress, or undue influence can be challenged and set aside.
Florida rejects handwritten and oral wills
This is the single biggest difference between Florida and many other states. Florida does not recognize holographic wills—wills written entirely in the testator's handwriting but not signed by two witnesses. Florida also does not recognize nuncupative (oral) wills. Even a handwritten will that would be perfectly valid in another state is generally void in Florida unless it satisfies the two-witness requirement of Fla. Stat. § 732.502.
The practical lesson: a note in a drawer, a letter to your children, or a video recording stating your wishes will not control your estate in Florida. Only a properly signed and witnessed document does. If you move to Florida with an out-of-state holographic will, have a Florida attorney confirm whether it remains valid—Florida does honor a will validly executed in another state if it met that state's formalities (Fla. Stat. § 732.502(2)), but it will not save a will that was never formally witnessed.
The self-proving affidavit
Florida lets you make your will “self-proving” by adding an affidavit under Fla. Stat. § 732.503. The testator and both witnesses sign the affidavit before a notary public, swearing that the will was properly executed. A self-proving will can be admitted to probate without the court contacting the witnesses years later to confirm the signing—which speeds and simplifies probate.
While not required for validity, a self-proving affidavit is strongly recommended. Without it, the personal representative may have to locate witnesses who have moved, died, or simply cannot be found, delaying administration.
What a will can and cannot do
A Florida will can name a personal representative (Florida's term for executor), nominate a guardian for minor children, direct who inherits your probate assets, and create a testamentary trust. It can also waive the requirement that the personal representative post a bond.
A will cannot control assets that pass outside probate—jointly owned property with survivorship, payable-on-death accounts, life insurance, retirement accounts, and assets held in a living trust all pass by their own terms regardless of what the will says. A will also cannot defeat a surviving spouse's elective share (Fla. Stat. §§ 732.201–.2155) or Florida's homestead devise restrictions (Fla. Stat. §§ 732.401, 732.4015). See our homestead and estate planning guide for how those limits work.
Changing or revoking a will
You can change a will by signing a codicil—an amendment executed with the same two-witness formalities as the will itself (Fla. Stat. § 732.502). For anything beyond a minor tweak, drafting a new will is usually cleaner than stacking codicils.
A will can be revoked by a later writing that revokes it, or by a physical act—burning, tearing, canceling, or destroying the will with intent to revoke (Fla. Stat. § 732.505–.506). Certain life events change a will by operation of law: a divorce, for example, voids provisions in favor of the former spouse (Fla. Stat. § 732.507), and a child born or adopted after the will is signed may take a share as a pretermitted child (Fla. Stat. § 732.302).
Pour-over wills and trusts
If you have a revocable living trust, you will usually also sign a pour-over will. This is a short will that “pours” any asset left outside your trust at death into the trust, so everything is ultimately distributed under the trust's terms. The pour-over will is a safety net, not a substitute for funding the trust. Learn more in our guide to living trusts in Florida, and see how wills move through court in our Florida probate process guide. For the bigger picture, start with our overview of estate planning and probate in Florida.
Frequently asked questions
Can I write my own will in Florida?
You can, but it must still meet Fla. Stat. § 732.502—signed by you and by two witnesses present at the same time. A purely handwritten will with no witnesses (a holographic will) is invalid in Florida. Many do-it-yourself wills fail on execution formalities, so having the signing properly witnessed and notarized is critical.
How many witnesses does a Florida will require?
Two. Both must be present when you sign or acknowledge your signature, and both must sign in your presence. Adding a self-proving affidavit before a notary (Fla. Stat. § 732.503) is recommended so the will can be admitted without later locating the witnesses.
Does my out-of-state will work in Florida?
A will validly executed under another state's law is generally honored in Florida (Fla. Stat. § 732.502(2)), with the notable exception of holographic and oral wills, which Florida will not accept even if valid elsewhere. After moving to Florida, have an attorney review your will to be sure it still does what you intend under Florida homestead and spousal rules.
What happens if I die without a will?
Your estate passes under Florida's intestate succession rules (Fla. Stat. §§ 732.101–732.111), generally to your spouse and descendants, then to more distant relatives. The court also decides who serves as personal representative and guardian. A will lets you make those choices yourself rather than leaving them to a statute.
Find a Florida estate planning attorney
Because Florida enforces will formalities strictly and bars handwritten and oral wills, a small mistake can invalidate an entire document. A Florida estate planning attorney can draft and properly execute your will, add a self-proving affidavit, and coordinate it with any trust. This guide is general information, not legal advice—consult a licensed Florida attorney about your circumstances.