Does Florida allow handwritten wills?

No. Florida does not recognize holographic (handwritten, unwitnessed) wills, even ones valid in another state. A Florida will needs two witnesses.

How many witnesses does a Florida will need?

Two witnesses, who must sign in your presence and in the presence of each other. Adding a self-proving affidavit before a notary is strongly recommended.

Who can be a Personal Representative in Florida?

Generally a Florida resident, or a spouse, child, parent, sibling, or certain other close relatives if they live out of state. The court appoints and oversees them.

Is probate always required in Florida?

Not always. Small estates and older estates may qualify for summary administration, and assets passing by beneficiary designation, joint ownership, or trust avoid probate.

Making a Will in Florida: Rules You Need to Know

Florida has strict signing rules and does not recognize handwritten wills the way some states do, so getting the formalities right matters. Florida also gives a surviving spouse strong protections and special rules for the family home. This is general information, not legal advice — consult an attorney in your state.

Who can make a will in Florida?

In Florida you must be at least 18 (or an emancipated minor) and of sound mind. Sound mind means you understand you are signing a will, know generally what you own, and recognize the people who would naturally inherit.

Florida courts take signing formalities seriously, so a will that is not properly witnessed can fail even if your intentions are clear.

What are the witness and notary rules?

A Florida will must be signed by you at the end and witnessed by two people who sign in your presence and in the presence of each other. Florida does not recognize holographic (unwitnessed handwritten) wills, even if valid where they were made.

Notarization is not required for validity, but Florida strongly encourages a self-proving affidavit signed by you and the witnesses before a notary. A self-proved will is admitted to probate without the witnesses having to appear.

Two witnesses who sign in your presence and each other's presence.
No holographic (handwritten, unwitnessed) wills.
A self-proving affidavit before a notary is highly recommended.

Is the executor called a Personal Representative?

Yes. Florida uses the term Personal Representative for the person who administers an estate, whether named in the will or appointed by the court. Florida also restricts who may serve — generally a Florida resident, or a close relative if out of state.

The Personal Representative collects assets, pays valid claims and taxes, and distributes the estate under the supervision of the probate court.

What happens if you die without a will in Florida?

If you die intestate, Florida's statutes give shares to your surviving spouse and descendants. When all of your children are also your spouse's, the spouse generally takes everything; when there are children from another relationship, the estate is split.

Intestacy also means the court chooses your Personal Representative and you lose any say over guardianship of minor children.

Is probate required in Florida?

Probate is usually required in Florida unless assets pass by beneficiary designation, joint ownership, or a trust. Florida offers a simpler summary administration for smaller estates and for estates where the death occurred more than two years ago.

Florida's homestead rules give the family home special protection and can pass it outside the normal probate distribution, so the home is often handled separately.

Can you make a Florida will online?

Yes. A properly signed and witnessed online will is valid in Florida; the key is following the two-witness signing process exactly. iFinallyWill produces a Florida-specific will and powers of attorney in about 20 minutes, with lifetime updates and a 60-day guarantee.

iFinallyWill supports all 50 states and every Canadian province. Because Florida's homestead and spousal rules are unusual, complex estates may benefit from local legal advice.

Frequently asked questions

Does Florida allow handwritten wills?: No. Florida does not recognize holographic (handwritten, unwitnessed) wills, even ones valid in another state. A Florida will needs two witnesses.
How many witnesses does a Florida will need?: Two witnesses, who must sign in your presence and in the presence of each other. Adding a self-proving affidavit before a notary is strongly recommended.
Who can be a Personal Representative in Florida?: Generally a Florida resident, or a spouse, child, parent, sibling, or certain other close relatives if they live out of state. The court appoints and oversees them.
Is probate always required in Florida?: Not always. Small estates and older estates may qualify for summary administration, and assets passing by beneficiary designation, joint ownership, or trust avoid probate.