Florida Will Requirements: What Makes a Will Valid
Florida has specific requirements for wills to be legally valid. Understanding these rules helps ensure your will actually works when your family needs it.
A will is only effective if it meets Florida's legal requirements. Unfortunately, many homemade and online wills fail to comply with Florida law, causing significant problems during probate. Understanding these requirements helps protect your family.
Basic Requirements for Florida Wills
Florida Statute 732.502 sets out the requirements for a valid will:
1. Written Document: Florida does not recognize oral wills or video wills. The will must be in writing.
2. Signed by the Testator: The person making the will (testator) must sign at the end of the document. If physically unable to sign, someone else may sign for the testator in their presence and at their direction.
3. Signed in the Presence of Witnesses: The testator must sign in the presence of two attesting witnesses, or acknowledge a prior signature to them.
4. Two Attesting Witnesses: Two witnesses must sign in the presence of the testator and in the presence of each other.
5. Mental Capacity: The testator must be "of sound mind" – understanding the nature of their assets, their family relationships, and what they are doing.
6. Age Requirement: The testator must be at least 18 years old.
Common Mistakes That Invalidate Wills
Several common mistakes can render a will invalid:
Improper Witnesses: Using only one witness, having witnesses sign outside the testator's presence, or using witnesses who are also beneficiaries.
No Signature: The will must be signed. Unsigned wills are not valid, even if clearly written by the deceased.
Wrong Location of Signature: Florida requires the signature at the end of the will. Content after the signature may not be given effect.
Interested Witnesses: While not automatically invalidating, if a beneficiary serves as a witness, their bequest may be reduced to what they would have received under intestate succession.
Lack of Capacity: Wills made while the testator lacked mental capacity can be challenged and potentially invalidated.
Self-Proving Affidavit
While not required for validity, a self-proving affidavit is highly recommended. This notarized statement, signed by the testator and witnesses, eliminates the need to locate witnesses during probate. It makes the probate process faster and cheaper.
Holographic Wills
Some states recognize holographic (handwritten, unwitnessed) wills. Florida does not. Even a completely handwritten will requires two witnesses to be valid in Florida.
Out-of-State Wills
Florida generally recognizes wills validly executed in other states or countries, even if they don't meet Florida requirements. However, these wills may not address Florida-specific issues like homestead property. If you moved to Florida, have your will reviewed.
Protecting Your Will
Once properly executed, protect your will:
- Store the original in a safe, accessible location
- Do not staple or bind the pages
- Never write on the original
- Keep copies available for reference
- Tell your personal representative where to find it
Contact our office if you need a new will or want your existing will reviewed for Florida compliance.