How to Make a Will in Florida (2026 Guide)

A will made in Florida must be signed by you and by 2 witnesses to be valid. Yes (Fla. Stat. § 732.503). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Florida will covers, generated from the same rules.

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Florida will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	No
Electronic wills recognized	Yes
Remote witnessing allowed	Yes
Community property state	No
Personal property memorandum	Yes
No-contest clause	No
Will execution statute	Fla. Stat. § 732.502
Financial POA statute	Fla. Stat. § 709.2101 et seq. (Florida Power of Attorney Act, 2011)
Healthcare directive statute	Fla. Stat. ch. 765 (Health Care Advance Directives): § 765.202 (health care surrogate), § 765.302 (living will); suggested forms at §§ 765.203, 765.303

Witnesses

Two witnesses. The testator must sign the will at the end (or acknowledge a prior signature or direct another to sign) in the presence of at least two attesting witnesses, and the witnesses must sign in the presence of the testator and of each other (Fla. Stat. § 732.502(1)). Any person competent to be a witness may attest, and a will is not invalid because it is signed by an interested witness (Fla. Stat. § 732.504) — but use adults who take nothing under the will to avoid an undue-influence challenge. Everyone must be together for the signing; sign in one sitting. Remote witnessing is available only through a Florida online notary under Fla. Stat. § 117.285 with an electronic will held by a qualified custodian, and is not available to a 'vulnerable adult'.

Do you need a notary in Florida?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Fla. Stat. § 732.503). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Florida

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The testator must sign the will at the end (or acknowledge a prior signature or direct another to sign) in the presence of at least two attesting witnesses, and the witnesses must sign in the presence of the testator and of each other (Fla. Stat. § 732.502(1)). Any person competent to be a witness may attest, and a will is not invalid because it is signed by an interested witness (Fla. Stat. § 732.504) — but use adults who take nothing under the will to avoid an undue-influence challenge. Everyone must be together for the signing; sign in one sitting. Remote witnessing is available only through a Florida online notary under Fla. Stat. § 117.285 with an electronic will held by a qualified custodian, and is not available to a 'vulnerable adult'.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Fla. Stat. § 732.503). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy. Florida does not provide for lifetime deposit of a will with the clerk. After death, the custodian must deposit the original with the clerk of the circuit court within 10 days of learning of the death (Fla. Stat. § 732.901).
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may elect to take 30% of the elective estate, which includes the probate estate and many non-probate assets such as revocable trusts, joint accounts and certain life insurance (Fla. Stat. §§ 732.201 to 732.2155). The spouse is also entitled to homestead rights, exempt property and a family allowance of up to $18,000 (Fla. Stat. §§ 732.401, 732.402, 732.403). A pre- or post-nuptial waiver must meet Fla. Stat. § 732.702.

Homestead

Florida sharply restricts devising the homestead. If you are survived by a spouse or a minor child, the homestead cannot be devised at all, except that it may be left to the spouse if there is no minor child (Fla. Const. art. X, § 4(c); Fla. Stat. § 732.4015). An invalid devise is ignored: the spouse takes a life estate with a vested remainder in the descendants, or may instead elect an undivided one-half interest (Fla. Stat. § 732.401). A spouse may waive homestead rights in a deed or agreement (Fla. Stat. §§ 732.702, 732.7025).

If you die without a will in Florida

If you die without a will in Florida, your spouse takes everything if you leave no descendants, or if all of your descendants are also your spouse's and the spouse has no other descendants. If you or your spouse have descendants who are not the other's, the spouse takes half and your descendants take half (Fla. Stat. § 732.102). With no spouse, everything passes to descendants, then parents, then siblings and their descendants (Fla. Stat. § 732.103). More on intestacy.

Other estate-planning documents in Florida

• Durable financial power of attorney: Fla. Stat. § 709.2101 et seq. (Florida Power of Attorney Act, 2011). A power of attorney must be signed by the principal in the presence of two subscribing witnesses and acknowledged before a notary public (Fla. Stat. § 709.2105). Certain 'superpowers' (creating or changing trusts, beneficiary designations, gifts, survivorship rights) are effective only if the principal separately signs or initials next to each one (Fla. Stat. § 709.2202). Record it in the county official records before using it for real estate.
• Advance healthcare directive: Fla. Stat. ch. 765 (Health Care Advance Directives): § 765.202 (health care surrogate), § 765.302 (living will); suggested forms at §§ 765.203, 765.303. A designation of health care surrogate must be signed by the principal in the presence of two adult witnesses, who also sign; the designated surrogate may not be a witness, and at least one witness must be neither the principal's spouse nor a blood relative (Fla. Stat. § 765.202). A living will has the same two-witness rule (Fla. Stat. § 765.302). Notarization is not required. The suggested statutory forms are optional.
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: Recognized (Fla. Stat. § 732.515).

Florida notes

• Florida homestead: if you have a spouse or minor child, your home generally cannot be left to anyone else by will (Fla. Const. art. X, § 4(c); Fla. Stat. § 732.4015). Have an attorney review any plan that leaves the home to anyone other than your spouse.
• No-contest clauses are unenforceable in Florida (Fla. Stat. § 732.517); the will omits one.
• Florida recognizes electronic wills (Fla. Stat. §§ 732.521 to 732.525) and remote witnessing through a Florida online notary (Fla. Stat. § 117.285), subject to a qualified-custodian requirement and special vulnerable-adult rules. This service produces a paper will to be signed with pen and ink before two witnesses and a notary in the same room.
• Florida is not a community property state, but married couples may opt in by creating a Florida community property trust (Fla. Stat. § 736.1501 et seq.); only your half of such property passes under your will.
• Florida does not recognize holographic (unwitnessed handwritten) wills (Fla. Stat. § 732.502(2)).

Frequently asked questions

How many witnesses does a will need in Florida?

Florida requires 2 witnesses (Fla. Stat. § 732.502). Two witnesses. The testator must sign the will at the end (or acknowledge a prior signature or direct another to sign) in the presence of at least two attesting witnesses, and the witnesses must sign in the presence of the testator and of each other (Fla. Stat. § 732.502(1)). Any person competent to be a witness may attest, and a will is not invalid because it is signed by an interested witness (Fla. Stat. § 732.504) — but use adults who take nothing under the will to avoid an undue-influence challenge. Everyone must be together for the signing; sign in one sitting. Remote witnessing is available only through a Florida online notary under Fla. Stat. § 117.285 with an electronic will held by a qualified custodian, and is not available to a 'vulnerable adult'.

Does a will need to be notarized in Florida?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Florida have a self-proving affidavit?

Yes (Fla. Stat. § 732.503). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Florida?

Florida does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in Florida?

A surviving spouse cannot be completely disinherited. The spouse may elect to take 30% of the elective estate, which includes the probate estate and many non-probate assets such as revocable trusts, joint accounts and certain life insurance (Fla. Stat. §§ 732.201 to 732.2155). The spouse is also entitled to homestead rights, exempt property and a family allowance of up to $18,000 (Fla. Stat. §§ 732.401, 732.402, 732.403). A pre- or post-nuptial waiver must meet Fla. Stat. § 732.702.

What happens if I die without a will in Florida?

If you die without a will in Florida, your spouse takes everything if you leave no descendants, or if all of your descendants are also your spouse's and the spouse has no other descendants. If you or your spouse have descendants who are not the other's, the spouse takes half and your descendants take half (Fla. Stat. § 732.102). With no spouse, everything passes to descendants, then parents, then siblings and their descendants (Fla. Stat. § 732.103).

Is a no-contest clause enforceable in Florida?

A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable in Florida (Fla. Stat. § 732.517).

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.