A last will and testament is the foundation of any Florida estate plan — but only if it’s valid. This guide covers Florida’s legal requirements, what your will should include, and the mistakes that get wills challenged, so yours does exactly what you intend.

What makes a last will and testament valid in Florida?

A Florida will is valid only if it meets three requirements under Florida Statute §732.502. It must be in writing, signed by you (the testator) at the end, and signed by two witnesses who watch you sign and sign in your presence.

You must be at least 18 and of sound mind when you sign. Florida does not recognise oral wills, and it does not accept handwritten wills that lack the two required witnesses — even if another state would.

How do you properly sign (execute) a will in Florida?

You execute a Florida will in a signing ceremony where you and both witnesses are together at the same time. You sign first, then each witness signs while you and the other witness watch.

Add a self-proving affidavit under §732.503. This is a notarised statement signed by you and your witnesses. It lets the court accept your will without tracking down witnesses later — saving your family time and cost in probate.

What should a Florida will include?

A complete Florida will names four things clearly: your personal representative (executor), your beneficiaries, exactly who receives what, and a guardian for any minor children.

• Personal representative: the person who administers your estate. In Florida they must usually be a relative or a Florida resident.
• Beneficiaries and specific gifts: name people and assets plainly to prevent disputes.
• Residuary clause: says who receives anything not listed — this stops assets falling into intestacy.
• Guardian nomination: names who raises your minor children if you die.

This is where having an estate planning attorney makes the difference. I work with Orlando families to draft wills that meet every Florida requirement the first time. Start with a conversation — visit Estate Planning at Lumsden Law or call (407) 798-7744.

What happens if you die without a will in Florida?

If you die without a will, Florida’s intestacy law (§732.101 onward) decides who inherits — not you. A surviving spouse with no other descendants takes the whole estate; when there are children from another relationship, the spouse and children split it. Estate administration still goes through probate, often with more delay and family friction than a clear will would cause.

Does a will avoid probate in Florida?

No. A will does not avoid probate — it directs it. Your will tells the court how to distribute your estate, but the estate still passes through Florida probate. Tools like revocable living trusts and beneficiary designations are what keep assets out of probate. Many Florida families use a will and a trust together.

What mistakes get a Florida will challenged?

Most will challenges trace back to a few avoidable mistakes: improper witnessing, an outdated will, or signs of undue influence under §732.5165.

DIY and template wills are the most common source of trouble — ambiguous wording, missing witnesses, or no residuary clause. If you fear a dispute, understand how a will is contested in Florida before you sign, and update your will after marriage, divorce, births, or buying property.

Frequently asked questions about a last will and testament in Florida

What makes a will valid in Florida?

It must be in writing, signed by you, and witnessed by two people who sign in your presence. Florida’s formalities are strict.

Do I need a lawyer to make a will in Florida?

Not legally — but for anything beyond the simplest estate, professional drafting avoids costly errors and challenges.

What happens if I die without a will in Florida?

State intestacy law decides who inherits, which may not match your wishes. A will keeps the decision yours.

What should a Florida will include?

Your executor, beneficiaries, who gets what, and any guardianship wishes for minor children. Clear, specific terms reduce disputes.

Can I change my will after it’s made?

Yes — through a codicil or a new will. Review it after major life events like marriage, divorce, births or property changes.

Does a will avoid probate in Florida?

No — a will still goes through probate; it directs how. Tools like trusts and beneficiary designations are what reduce probate.

Call to action

Ready to put a valid will in place? At Lumsden Law, attorney Eve Lumsden drafts wills that meet every Florida requirement — and explains each step in plain English. Call (407) 798-7744 or book a consultation today — I’ll make sure you feel heard from the very first conversation.