{"id":372640,"date":"2016-03-31T21:34:57","date_gmt":"2016-04-01T02:34:57","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-wills-laws.html"},"modified":"2026-05-11T16:29:28","modified_gmt":"2026-05-11T21:29:28","slug":"florida-wills-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-wills-laws.html","title":{"rendered":"Florida Wills Laws"},"content":{"rendered":"\n
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Florida Wills Laws<\/h1>\n\n
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\n By Carol Clasby, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Florida wills laws govern the creation and execution of a last will and testament. A valid will in Florida requires a testator of sound mind, signing in the presence of two competent witnesses. Florida wills laws also address protections for spouses and homestead property.<\/p>\n\n <\/div>\n\n\n\n

Making your last will and testament<\/span>, or \u201cwill\u201d for short, is more than just deciding who gets what when you pass away. It\u2019s about making sure your wishes are actually carried out under the law. Florida <\/span>probate<\/span> laws impose strict requirements for a will to be valid, protecting the testator<\/span> from issues like undue influence<\/span>. From specific signing formalities to robust spousal and homestead protections, Florida law<\/span> can override or complicate what might seem like a straightforward estate plan<\/span>.<\/p>\n

If your will doesn\u2019t meet the statutory requirements, either some or all of your estate may pass under the state\u2019s intestacy<\/span> laws. A carefully prepared will<\/a> carries out your wishes, protecting your family and loved ones<\/span> from the potential perils of intestate succession<\/span>.<\/p>\n

A Word on Intestate Succession<\/span><\/h2>\n

Many estate planning<\/span> attorneys<\/span> say, \u201cIf you don\u2019t have an estate plan<\/span>, the state has one for you.\u201d This is a warning. Dying without a will is known as dying \u201cintestate.\u201d The state of Florida<\/span>\u2019s intestate succession<\/span> laws<\/a> are the state\u2019s best guess of how most people would want their assets to pass. These laws follow your family tree, looking for your closest relatives. If none are found and your spouse died before you, your estate will pass to your spouse\u2019s family as if your spouse survived you and died intestate. If the state still cannot locate heirs, your estate will escheat<\/a> to the state of Florida<\/span>.<\/p>\n

This plan means your assets could pass to distant relatives you never knew, to close relatives you chose not to have a relationship with, or to your spouse\u2019s family. It also means that loved ones<\/span> who were not family members<\/span> will receive nothing. If you have minor children<\/span> and no guardian nomination, the probate<\/span> court<\/span> will decide who will care for them.<\/p>\n

Without a will in place, you\u2019re giving up your power to make the crucial decisions that will have a lifelong impact on your family and loved ones<\/span>. To make sure your estate goes where you want it to, it\u2019s a good idea to have a will drafted.<\/p>\n

How To Make a Will in Florida<\/h2>\n

If you want to take charge of the future, consider making a will. Your will is the legal document<\/span> that expresses how you want your assets, such as real estate<\/span> and personal property<\/span>, distributed to your beneficiaries<\/span> after you die. Your will also appoints a personal representative<\/span>, known as the \u201cexecutor,\u201d who ensures that your instructions are carried out.<\/p>\n

The state does not recognize \u201cholographic<\/a>\u201d (handwritten and unwitnessed) wills or \u201cnuncupative<\/a>\u201d (oral) wills. Florida law<\/span> imposes strict legal requirements<\/span> for a valid will<\/span>, as explained below:<\/p>\n

Testator<\/span> Requirements<\/h3>\n

The \u201ctestator<\/span>\u201d is the person making the will. Under Florida Estates and Trusts law, a testator<\/span> must be of sound mind<\/span> and at least 18 years old<\/span><\/a> (or an emancipated minor<\/span><\/a>). The testator<\/span> must sign the will<\/a> at the end or direct someone to sign it on their behalf and in their presence.<\/p>\n

Witness Requirements<\/h3>\n

At least two qualified witnesses<\/a> must sign the will, attesting to the testator<\/span>\u2019s signing or acknowledgment of the will. This must be done in the presence of each other<\/span> and in the presence of the <\/span>testator<\/span>. A testator<\/span>‘s handwritten will<\/span> that has been properly executed is not considered a holographic will<\/span>.<\/p>\n

Self-Proving<\/span> Wills<\/span><\/h3>\n

Though not required, a will may be made \u201cself-proving<\/span>\u201d by including statutory form<\/a> language. A notary<\/span> public must acknowledge and subscribe the self-proving<\/span> affidavit<\/span>. A self-proving<\/span> will<\/span> can be admitted to probate<\/span> without further proof, which can help streamline the probate<\/span> process<\/span>.<\/p>\n

Providing for Your Spouse<\/h2>\n

You may not disinherit your spouse under Florida law<\/span>. Your surviving spouse<\/span> is entitled to an elective share<\/a> of 30% of your estate. If your will doesn\u2019t provide your surviving spouse<\/span> with at least this amount, your surviving spouse<\/span> can choose to take their elective share instead of what\u2019s written in the will.<\/p>\n

Special Homestead Provisions<\/h2>\n

Florida\u2019s homestead laws offer powerful benefits, including strong creditor protections and valuable property tax savings. These protections also restrict how you can leave your primary residence in your will. In general, you are not free to leave your home to whoever you choose if you have a surviving spouse<\/span> or a minor child<\/span>. The homestead protections<\/a> in Florida\u2019s state constitution<\/a> create a controlling framework that your will provisions must properly provide for so your estate retains the benefits and protections.<\/p>\n

Additional Important Legal Documents<\/span><\/h2>\n

One limitation of a will is that it only takes effect at your death. This means a will doesn\u2019t include any incapacity planning. In addition to a will, a complete estate plan<\/span> often includes a durable power of attorney<\/span> for financial matters, along with a health care<\/span> surrogate designation and living will. With these legal documents<\/span> in place, you can ensure that your wishes are carried out during incapacity.<\/p>\n

Durable Power of Attorney<\/span><\/h3>\n

With a durable power of attorney<\/span>, you, as the principal, name a trusted person or institution (known as your agent<\/a>) to step in your place and manage your financial affairs. The state of Florida<\/span> does not provide a statutory form for a durable power of attorney<\/span>. Durability language is essential so that the authority survives your incapacity. Without it, your incapacity would terminate the power of attorney<\/span>. For a power of attorney<\/span> to be durable in Florida, it must include language such as: \u201cthis durable power of attorney<\/span> is not terminated by subsequent incapacity of the principal.\u201d<\/p>\n

Unlike some states, Florida doesn\u2019t recognize a springing power of attorney<\/span>, which only comes into effect when the principal becomes incapacitated. Instead, a Florida durable power of attorney<\/span> is effective at execution<\/a>.<\/p>\n

Health Care<\/span> Surrogate Designation and Living Will<\/h3>\n

A living will and a health care<\/span> surrogate designation work together to direct and empower your medical decision-making during incapacity. Your living will directs how <\/em>you want your medical care managed. The requirements for a Florida living will<\/a> are met by the sample living will provided in Florida Statutes<\/span><\/a>. Florida law<\/span> also provides a Designation of Health Care<\/span> Surrogate<\/a> statutory form that you can use to name who will manage your health care<\/span> decisions during an incapacity.<\/p>\n

These legal documents<\/span> ensure your medical care is managed in the way you\u2019d want when you can\u2019t speak for yourself. They can go a long way toward preventing family conflict at an already challenging time.<\/p>\n

How To Create a Will in Florida<\/h2>\n

While some states provide a fill-in-the-blank statutory will form, Florida is not one of them. If you want to make a simple will<\/span> yourself, an online estate planning<\/span> service<\/a> may suit your needs and guide you through the specific statutory requirements.<\/p>\n

How To Revoke or Change Your Will<\/h2>\n

There are two ways to revoke your will in Florida: by writing or by act. The most common way to revoke a will is to execute a later document<\/a> (a new will<\/span> or a codicil<\/span><\/a>) that revokes or amends the prior will. This requires it to either state \u201cI revoke all prior wills,\u201d or include an inconsistent provision in the later document. A testator<\/span> may revoke a will by physically destroying it<\/a> (or directing its destruction in the testator<\/span>\u2019s presence) with the intent, and for the purpose, of revocation.<\/p>\n

Get Started Today With a Florida Will<\/span> Attorney<\/h2>\n

If your family dynamics are complex, your net worth is high, you own a family business, or you simply want the peace of mind<\/span> that comes with professional legal advice<\/span>, you may want to establish an attorney-client relationship<\/span> with a Florida estate planning<\/span> attorney<\/span><\/a>. During your consultation, your attorney will take the time to understand your wishes and create an estate plan<\/span> that ensures your assets are handled according to them.<\/p><\/div>\n\n\n

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