Florida wills
How to make a will in Florida
What Florida law requires for a valid will, how to sign it, and whether you can sign online. Updated for 2026.
Florida will requirements at a glance
| Who can make a will | Anyone 18 or older and of sound mind |
|---|---|
| Witnesses | Two adult witnesses |
| Notary instead of witnesses | No |
| A beneficiary as witness | Allowed, but best avoided |
| Handwritten (holographic) wills | Not valid |
| Self-proving affidavit | Available, with a form in state law |
| Electronic wills | Allowed |
| Witnesses by live video | Allowed, with conditions |
| Online notarization for wills | Yes, within limits |
| File your will with the court while living | No |
| State estate or inheritance tax | None |
How to sign a will in Florida
- Print your will and read every word. Fill in any blanks in ink, but don't sign yet.
- Choose two adult witnesses who receive nothing under your will and aren't married to anyone who does.
- Sign and date your will in front of both witnesses, at the same time. Then each witness signs while you and the other witness watch. (Fla. Stat. § 732.502(1))
- Make it self-proving. You and your witnesses sign a short self-proving affidavit in front of a notary, so the court won't need to find your witnesses later. (Fla. Stat. § 732.503)
- Store the original safely and tell your executor where it is.
Who can make a will
Anyone 18 or older and of sound mind. An emancipated minor may make a will. (Fla. Stat. § 732.501)
Witness rules
The testator must sign at the end (or have someone sign at the end in the testator's presence and at the testator's direction), or acknowledge the signature, in the presence of at least two attesting witnesses. The witnesses must sign in the presence of the testator and of each other. (Fla. Stat. § 732.502(1))
If a witness inherits: No effect: a will or codicil, or any part, is not invalid because an interested witness signed it (Fla. Stat. § 732.504(2)).
Handwritten wills
Not recognized. A handwritten will is valid only if signed and witnessed under § 732.502(1), and Florida will not honor a holographic or nuncupative will even if it was valid where it was made (§ 732.502(2)).
Self-proving affidavit
Testator acknowledgment and witness affidavits before an officer authorized to administer oaths, at signing or later. The form has checkboxes for physical presence or online notarization. Electronic wills: § 732.523 (also requires a qualified custodian). (Fla. Stat. § 732.503)
Can I sign my will online in Florida?
Yes, electronic wills are allowed. Remote witnesses must be supervised by a Florida online notary in an online notarization session; remote witnesses must confirm U.S. residence and location. For a will with fewer than two witnesses physically present, the RON provider must ask screening questions; if the testator answers yes to any (impairing drugs or alcohol, impairing condition or disability, needs help with daily care), only witnesses physically present can validly witness. Remote witnessing is not effective for a vulnerable adult (§ 415.102). The notary must also ask about spouse, who assisted, location, and who is in the room. A self-proved electronic will must be held by a qualified custodian (§§ 732.523, 732.524). (Fla. Stat. §§ 732.521-732.526; § 117.285 (ch. 2019-71, HB 409))
In effect since July 1, 2020 for the electronic-will sections (the rest of ch. 2019-71, including online notarization, took effect Jan. 1, 2020).
Online notarization: Online notaries may notarize the § 732.503 self-proof (the form has an online notarization option) and supervise remote witnessing of electronic wills under § 117.285, subject to the vulnerable-adult rules. (Fla. Stat. ch. 117, part II (§§ 117.201-117.305), ch. 2019-71, effective Jan. 1, 2020)
Online notary services such as Proof can host a signing session with a notary and, for a fee, witnesses (published prices start at about $25 per notarization plus $15 per witness). Before you sign, confirm the service supports will signings under Florida law, and keep the signed original as the law requires. How online will signing works.
Good to know in Florida
No lifetime deposit; after a death, whoever holds the will must deposit it with the clerk of court within 10 days (Fla. Stat. § 732.901). A Florida will must be signed at the end, and the witnesses must sign in front of each other.
Estate and inheritance taxes
Florida has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Florida will questions
Does a will need to be notarized in Florida?
No. Two witnesses make a Florida will valid. A notary is needed only for the optional self-proving affidavit, which lets the court accept your will without contacting your witnesses.
Are handwritten wills legal in Florida?
Not recognized. A handwritten will is valid only if signed and witnessed under § 732.502(1), and Florida will not honor a holographic or nuncupative will even if it was valid where it was made (§ 732.502(2)).
Can a beneficiary witness a will in Florida?
No effect: a will or codicil, or any part, is not invalid because an interested witness signed it (Fla. Stat. § 732.504(2)).
Can I make a will online in Florida?
You can write your will online for free with MyLastWill, then print it and sign it with your witnesses. Florida also allows electronic wills, and witnesses can take part by live video under conditions in state law.
Does Florida have an estate or inheritance tax?
Florida has no state estate or inheritance tax (2026). The federal estate tax applies only to estates over $15,000,000 per person in 2026, and gifts to charity are deductible.
Sources
- Fla. Stat. § 732.501 Who may make a will (Online Sunshine)
- Fla. Stat. § 732.502 Execution of wills
- Fla. Stat. § 732.503 Self-proof of will
- Fla. Stat. § 732.504 Who may witness
- Fla. Stat. § 732.521 Definitions (electronic wills)
- Fla. Stat. § 732.522 Method and place of execution
- Fla. Stat. § 732.523 Self-proof of electronic will
- Fla. Stat. § 732.526 Probate (electronic wills)
- Fla. Stat. § 732.901 Production of wills
- Fla. Stat. § 117.285 Supervising the witnessing of electronic records
- Laws of Florida, Chapter 2019-71 (HB 409)
Last reviewed October 24, 2026 against Florida statutes. Laws change, and this is general information, not legal advice. For advice about your situation, talk with a Florida attorney.
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