Estate plan requirements
Florida
Everything you need to create a valid estate plan in Florida: wills, trusts, powers of attorney, and healthcare directives.
Will
2W
Trust
2W
POA
2W + N
Healthcare Dir.
2W
E-will
Adopted
Since 2019
Online notary (RON)
Authorized
Since 2019
Remote witnessing (ROW)
All docs
Since 2020
Community property
No
Minimum age
18
Will
Witnesses: 2 required
Two attesting witnesses must sign in the presence of the testator and each other
Notarization: Recommended
Not legally required, but recommended for self-proving affidavit
Holographic will: Not valid
Florida does not recognize handwritten wills without witnesses
Self-proving affidavit: Available
Allows the will to be admitted to probate without witness testimony
Living Trust
Witnesses: 2 required
Two attesting witnesses required for the testamentary aspects of a revocable trust executed by a Florida domiciliary (Fla. Stat. §736.0403, §732.502)
Notarization: Recommended
Not legally required for the trust document, but needed to transfer real property
Conditional execution: Special rule
will formalities required for testamentary aspects only
State-specific notes
Durable Power of Attorney
Witnesses: 2 required
Florida requires 2 witnesses for power of attorney execution
Notarization: Required
Notarization is required for a valid durable power of attorney
State-specific notes
Healthcare Directive
Witnesses: 2 required
Florida requires 2 witnesses for healthcare directive execution
Notarization: Not required
Notarization is not required but may be accepted
State-specific notes
Electronic will status
Florida has adopted electronic will legislation (2019). You may be able to create, sign, and witness a will electronically using approved methods.
Remote online notarization
Florida authorized remote online notarization (RON) in 2019. You can have your estate planning documents notarized via live video call with an approved notary, without an in-person appointment.
Remote online witnessing
Florida authorized remote online witnessing (ROW) in 2020. Witnesses can observe your signing via live video call for wills, trusts, powers of attorney, and healthcare directives.
This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Florida for guidance specific to your situation.