Florida will requirements

Minimum Age Requirement

• 18 years old OR an emancipated minor
• Reference: Florida Statutes § 732.501

Mental Capacity Requirements

• The testator must be of "sound mind"
• Must have testamentary capacity:

- Understanding the nature of making a will - Understanding the nature and extent of their property - Knowing the natural objects of their bounty - Understanding the manner in which the will disposes of property

Signature Requirements

• The will must be signed by the testator at the end
• If the testator is unable to sign, another person may sign the testator's name in their presence and at their direction
• Reference: Florida Statutes § 732.502

Witness Requirements

• Two (2) attesting witnesses required
• Witnesses must sign in the presence of the testator
• Witnesses must sign in the presence of each other
• The testator must sign or acknowledge in the presence of both witnesses
• Interested witnesses: Do not invalidate the will, but the interested witness may only receive their intestate share unless there are two other disinterested witnesses (§ 732.504)
• Reference: Florida Statutes § 732.502

Notarization Requirements

• Not required for a will to be valid
• Notarization is required for self-proving affidavits

Holographic (Handwritten) Wills

• NOT valid in Florida
• Florida does not recognize holographic wills
• All wills must be witnessed regardless of whether handwritten

Video Wills

• NOT valid as a standalone will
• Video recordings cannot substitute for a written will

Self-Proving Affidavit Requirements

• A will may be made self-proving at execution or later
• Requires an affidavit by the testator and both witnesses
• Must be made before a notary public or other authorized officer
• The affidavit must attest to proper execution
• A self-proving will may be admitted to probate without witness testimony
• Reference: Florida Statutes § 732.503

Guardian Designation

Naming a Guardian in Your Will

• A will is the primary legal mechanism for designating a guardian for minor children
• The court gives strong weight to your named choice but always applies a "best interests of the child" standard
• Name both a primary guardian and an alternate guardian in case your first choice is unable or unwilling to serve

What Courts Consider

• Your expressed preference (named in will)
• The guardian's relationship with the child
• The guardian's ability to provide care, stability, and continuity
• Geographic proximity and disruption to the child's life
• The child's own preferences (typically considered for children 12+, varies by state)

Limitations

• A guardian named in a will is not automatically appointed — probate court must formally appoint them
• Courts can override your named guardian if circumstances warrant
• A guardian cannot be legally appointed until the court acts — name a standby guardian or make arrangements for immediate temporary care

Best Practices

• Discuss your choice with the person before naming them
• Consider naming successor guardians
• Update your will if your chosen guardian's circumstances change

Florida-Specific Notes

• Florida Statutes § 744 gives strong presumption to will-designated guardian; courts can appoint a "preneed guardian" for immediate care

Digital Assets

Authorization in Your Will

• RUFADAA adopted: Yes (2016)
• Under RUFADAA, you can authorize your executor to access, manage, distribute, or delete digital assets in your will
• Without explicit authorization, digital service providers may deny access even to executors

What to Include in Your Will

• Online accounts (email, social media, cloud storage)
• Cryptocurrency and digital wallets (include instructions for accessing private keys separately — never in the will itself, which becomes public record)
• Domain names, websites, online businesses
• Digital photos, files stored in cloud services
• Subscription services and stored value accounts

Key Guidance

• Name your digital executor explicitly if possible (can be same as your main executor)
• Store login credentials and recovery keys in a secure password manager or safe deposit box — reference the location in your will without listing the credentials themselves
• Review digital asset provisions with beneficiaries so they know what exists

Electronic Wills (E-Wills)

What is an Electronic Will?

An electronic will (e-will) is a will created, signed, and witnessed entirely in digital form — using electronic signatures and remote online witnessing or notarization. This is distinct from a video will (a video recording), which is not valid anywhere.

Florida Status

• E-wills: Valid (Florida enacted e-will legislation in 2019)
• Florida Statutes §§ 732.521–732.526 (Florida Electronic Wills Act)
• Electronic signatures and remote online witnessing are permitted
• The will must still meet all substantive requirements (testamentary capacity, proper execution)
• A qualified custodian must maintain the electronic record

Key Requirements

• The testator must authenticate the document using a security procedure
• Two witnesses must be present — either in person or via real-time audio-video communication
• The electronic will must be stored with a "qualified custodian"
• A paper printout may be required to file with the probate court

> Note: Electronic will laws are evolving rapidly. Verify current Florida law and consult an attorney before relying on an e-will.

Official sources

• Florida Statutes Title XLII, Chapter 732 - Probate Code: Intestate Succession and Wills ↗
• Florida Courts ↗