Requirements for a Will to be Valid in Florida

A last will and testament is a legal document that explains how your property should be distributed after your death. It can include instructions for bank accounts, real estate, personal belongings, and more. Your will takes priority over Florida’s default inheritance laws.

A will also lets you name a guardian for your minor children. This is especially important for younger parents who want to decide who would care for their children if both parents pass away.

A Florida will must go through probate. Probate is the legal process of paying the decedent’s debts and transferring the remaining assets to the heirs named in the will.

You can make or update a will at any point during your life.

Requirements for a Florida Last Will and Testament

Legal Requirements Under Florida Law

To be valid in Florida, a last will and testament must meet specific legal standards under Section 732.502 of the Florida Statutes. These requirements are strictly enforced.

Who Can Make a Will

• The testator (person making the will) must be at least 18 years old.
• The testator must be mentally competent and understand what they are signing.
• Minors cannot make a will.

How the Will Must Be Signed

• The will must be in writing (typed or handwritten).
• The testator’s signature must appear at the end of the document.
• The will must be signed in the presence of two witnesses.
• All signatures—the testator’s and both witnesses’—must occur in the same room, at the same time.

Self-Proving Affidavit

It’s best to include a self-proving affidavit, which is a sworn statement signed by the testator and witnesses. This affidavit simplifies the probate process because the witnesses won’t have to testify later to prove the will is valid.

Why You Should Use a Lawyer

It’s highly recommended to have a Florida estate planning attorney draft your will. A lawyer ensures the will meets all state requirements. Mistakes in drafting or signing a will can lead to it being invalidated. That increases probate costs and delays the distribution of your estate.

Five Steps to Making a Will

To create a Florida will, you’ll need to:

1. Pick a personal representative (executor).
2. Decide on specific gifts or property to give away.
3. Choose who gets the rest of your estate (the residuary estate).
4. Name a guardian for any minor children.
5. Decide whether you need a will or a living trust.

What You Can Include in a Florida Will

You can generally give what you want, to whomever you want, however you want. A will can be simple or detailed. However, any bequests that go against public policy—like those based on race or religion—are not enforceable.

Also, a lawyer who prepares your will is not allowed to name themselves as a beneficiary.

A common simple will in Florida names a spouse as the main beneficiary and personal representative. After both spouses have passed, the estate is usually divided equally among their children.