Last Will and Testament Law in Florida: A Plain-English Guide 

Last will and testament law in Florida is the body of rules under Florida Statute §732 that decides whether a will is valid, who can inherit, and how an estate is administered. A valid Florida will must be in writing, signed by the testator, and witnessed by two people in each other’s presence. 

What is a last will and testament under Florida law? 

A last will and testament is a written legal document that tells Florida courts who should receive your property after you die. It names your personal representative (executor), identifies your beneficiaries, and can appoint a guardian for your minor children. 

Florida law treats a will as the central voice of your estate plan. Without one, the state’s intestate succession rules in Florida Statute §732.101 decide who inherits — not you. That default may not match what you want for your spouse, children, or grandchildren. 

Think of a will as a letter to your family, written under legal rules. It speaks for you when you cannot speak for yourself. 

Who can make a valid will in Florida? 

Any Florida resident who is at least 18 years old and of sound mind can make a valid will. “Sound mind” means you understand what property you own, who your natural beneficiaries are, and what your will is doing. 

Florida Statute §732.501 sets the age and capacity test. Capacity is judged at the moment the will is signed — not before, not after. This is why people with early-stage cognitive decline are often advised to put their will in place sooner rather than later. 

Emancipated minors can also make a will under Florida law. Anyone who has been judicially determined to lack capacity cannot make or change one. 

What must a Florida will include to be legally enforceable? 

Three execution requirements must be met under Florida Statute §732.502. The will must be in writing. The testator must sign it at the end, or have someone sign for them at their direction and in their presence. Two witnesses must sign in the presence of the testator and each other. 

Florida does not recognise oral wills or handwritten (holographic) wills, even if signed and dated. Both are common in other states. Both are invalid here. 

A self-proving affidavit is optional but strongly recommended. Signed in front of a notary, it lets the will be admitted to probate without tracking down witnesses years later — sometimes decades later. 

This is where the right attorney makes the difference. I draft Florida wills that meet every statutory requirement and reflect exactly what matters to your family — so your loved ones never end up in a courtroom arguing over wording you didn’t intend. Start with a conversation — visit Florida Last Will and Testament at Lumsden Law or call (407) 798-7744. 

What happens if you die without a will in Florida? 

If you die without a will in Florida, you die “intestate” — and Florida Statute §732.101 takes over. The state decides who inherits based on a fixed family hierarchy, regardless of what you would have wanted. 

For a married person with children from that marriage only, the surviving spouse inherits everything. For a married person with children from a previous relationship, the estate is split in half — even if that creates conflict with the surviving spouse. Unmarried partners, stepchildren, and close friends receive nothing under intestate rules. 

Intestate estates also take longer to administer. The court must appoint a personal representative, and family disputes are far more common when no written instructions exist. 

When should you update or rewrite your will? 

Update your will after any major life change — marriage, divorce, the birth or adoption of a child, the death of a named beneficiary, or a significant change in assets. Florida law automatically revokes some gifts to an ex-spouse on divorce, but other provisions can stay in force unless you update the document. 

Florida residents should also review their will after moving from another state. A will valid where you signed it is generally still valid in Florida — but small differences in execution rules and homestead protection can create unexpected gaps. 

A good rule of thumb: read your will every three to five years. If it no longer reflects your family or your wishes, it is time to revise. 

Frequently Asked Questions About Last Will and Testament Law in Florida 

Is a handwritten (holographic) will valid in Florida? 

No — Florida does not recognise holographic (handwritten, unwitnessed) wills, even if signed and dated. To be valid, a Florida will must be in writing, signed by the testator, and witnessed by two people in each other’s presence under Florida Statute §732.502. 

How many witnesses does a Florida will require? 

A Florida last will and testament requires two witnesses, both present when the testator signs (or acknowledges) the will, and both must sign in the presence of the testator and each other. This rule is set out in Florida Statute §732.502. 

Does a Florida will need to be notarised? 

Notarisation is not required for a Florida will to be valid, but a separate self-proving affidavit signed by the testator and witnesses in front of a notary makes probate faster by removing the need to track down witnesses years later. 

Can a will avoid probate in Florida? 

No — a will directs how assets pass through probate, it does not skip the process. To avoid Florida probate entirely, families typically use a revocable living trust, beneficiary designations, or a Lady Bird deed alongside (or instead of) a will. 

Can I write my own will in Florida without a lawyer? 

Florida law allows a person to write their own will, but small mistakes — missing witness signatures, vague beneficiary language, or improperly executed amendments — frequently invalidate self-written wills and trigger expensive probate disputes. An attorney-drafted will is the safer route. 

Ready to Put Your Florida Will in Place? 

Ready to make sure your family is protected, not guessing? At Lumsden Law, our Florida Last Will and Testament service walks you through every step — from the first conversation to the signed and witnessed document — so nothing is left to chance. Call (407) 798-7744 or book a consultation today. I’ll make sure you feel supported every step of the way. 

— Eve Lumsden, Principal Attorney, Lumsden Law Firm | Orlando, Florida 

Further reading from the Lumsden Law blog: Trusts vs Wills — Florida Estate Planning · Trusts, Estates & Probate Law Firm in Orlando