Requirements for a Last Will and Testament to Be Legally Valid in Florida

Creating a will and testament is one of the most important steps you can take to protect your family and your assets. In Florida, a will must meet specific legal requirements to be valid. If these rules are not followed, the court may reject the will, and your estate may be handled under Florida law instead of your wishes.

This guide explains, in simple terms, the legal requirements for a last will and testament that Florida residents should know, based on current Florida estate laws.

What Is a Last Will and Testament?

A last will and testament is a legal document that explains what should happen to your property after you pass away. It can name who receives your assets, who manages your estate (the personal representative), and who will care for minor children.

In Florida, wills are closely reviewed by probate courts, which is why following the law exactly is so important.

Who Can Make a Will in Florida?

Florida law sets two basic requirements for anyone who wants to create a valid will.

1. Age Requirement

To make a valid will in Florida, you must be at least 18 years old or be a legally emancipated minor. If you do not meet this requirement, your will is not legally valid.

2. Sound Mind

You must also be of sound mind when signing your will. This means you understand:

• That you are creating a will
  
  
• The type of property you own
  
  
• Who you want to receive your property
  
  

If someone was confused, pressured, or unable to understand these points, the will may be challenged later.

Does a Will Have to Be in Writing?

Yes. Under Florida estate laws, a will must be in writing. Florida does not recognize oral (spoken) wills.

The will can be typed or handwritten, but it must clearly show your intentions and meet all signing and witnessing requirements.

Florida Will Signing Requirements

Florida law has strict rules about how a will must be signed.

Testator’s Signature

The person making the will (the testator) must sign the will at the end of the document. If the testator is physically unable to sign, another person may sign on their behalf, but only:

• At the testator’s direction, and
  
  
• In the testator’s presence
  
  

Witness Requirements

A valid last will and testament   Florida law requires:

• At least two witnesses
  
  
• Both witnesses must be present when the testator signs
  
  
• The witnesses must sign the will in the presence of the testator and each other
  
  

This means everyone should be in the same room during the signing.

Who Can Be a Witness?

Any competent adult can serve as a witness. While beneficiaries are allowed to be witnesses, this can create problems later. Using neutral witnesses is often the safest choice.

Is Notarization Required in Florida?

A will does not need to be notarized to be valid in Florida. However, many people choose to add a notarized statement called a self-proving affidavit.

A self-proving will allows the probate court to accept the will without contacting witnesses, which can save time and reduce stress for loved ones.

Can You Change or Revoke a Will?

Yes. You can change or cancel your will at any time as long as you still meet Florida’s legal requirements. Common ways to do this include:

• Creating a new will that replaces the old one
  
  
• Adding a codicil (an amendment to the will)
  
  

Both options must follow the same signing and witnessing rules as the original will.

Common Mistakes That Can Make a Will Invalid

Even small errors can cause a will to be rejected. Common mistakes include:

• Not having two witnesses
  
  
• Witnesses signing at different times
  
  
• Not signing the will at the end
  
  
• Failing to follow proper signing procedures
  
  
• Creating the will while not of sound mind
  
  

These mistakes are why many people choose to work with a Florida Will Attorney.

What Happens If a Will Is Not Valid?

If a will is ruled invalid, Florida courts treat the situation as if there were no will at all. The estate is then distributed according to Florida’s intestate laws. This may result in:

• Assets going to unintended family members
  
  
• Delays in probate
  
  
• Increased legal costs
  
  
• Family disputes
  
  

Are Out-of-State Wills Valid in Florida?

Florida generally recognizes wills that were legally created in another state. However, if you move to Florida, it is a good idea to have your will reviewed to ensure it complies with Florida estate laws and reflects your current wishes.

What Happens to the Will After Death?

After a person passes away, the original will must be filed with the probate court in the county where the person lived. This must be done promptly. The Personal Representative of the Will can then file a Petition with the court to begin the probate process in order to carry out the instructions in the will.

Creating a valid will and testament is one of the best ways to protect your loved ones and your legacy. Understanding the rules for a last will and testament that Florida residents must follow can help you avoid costly mistakes and future disputes.

Contact The  Law Office of Mary King P.L. today to work with a trusted Florida will Attorney and ensure your will is legally valid and secure.

FAQs About Florida Wills