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Florida will checklist: who may make a will, signing and witness rules under section 732.502, the self-proving affidavit, and decisions on beneficiaries, personal representative, guardian and homestead
A printable checklist for a Florida will: who may make one, how it must be signed and witnessed, what to decide about beneficiaries, a personal representative, a guardian and the homestead, and which companion documents to sign.
Updated October 2026
A Florida will must be in writing and signed at the end by the testator, or by another person in the testator's presence and at the testator's direction. The testator must sign, or acknowledge an earlier signature, in the presence of at least two attesting witnesses, and the witnesses must sign in the presence of the testator and of each other (§ 732.502(1), Fla. Stat. (2026)). Any person of sound mind who is 18 or older, or an emancipated minor, may make a will (§ 732.501).
A notary is not needed for a valid will. A notary, or another officer authorized to administer oaths, is needed for the optional self-proving affidavit, which lets the court admit the will without further proof (§ 732.503(1), § 733.201(1)).
The tables below turn those rules into steps and decisions. Mark each item, then take the list to whoever drafts the will. A checklist is not a will. Only a document signed and witnessed as § 732.502 requires, or in another form that statute recognizes, operates as one.
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Who may make a Florida will
| Requirement | Florida rule | Source |
|---|---|---|
| ☐ Age and capacity | The testator is of sound mind and is 18 or older, or is an emancipated minor. | § 732.501 |
| ☐ Form | A will must be in writing and executed as § 732.502 provides. No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law. | § 732.502 (introductory text) and (4) |
| ☐ Handwritten will | Subsection (1) applies to every will. A will in the testator's handwriting that has been executed in accordance with subsection (1), with the signature and two witnesses, is not considered a holographic will. | § 732.502(1) and (2) |
| ☐ Will signed by a nonresident | A will other than a holographic or nuncupative will, executed by a nonresident of Florida, is valid in Florida if valid under the law of the state or country where it was executed. | § 732.502(2) |
| ☐ Military testamentary instrument | A military testamentary instrument executed under 10 U.S.C. § 1044d by a person eligible for military legal assistance is valid as a will in Florida. | § 732.502(3) |
| ☐ Electronic will | Florida allows electronic wills with electronic signatures, and witnessing through audio-video technology under conditions set in the statute. The tables here cover paper wills. | §§ 732.521 to 732.526 |
| ☐ Free of fraud, duress, mistake and undue influence | A will is void if its execution was procured by fraud, duress, mistake or undue influence. The part so procured is void, and the rest stands if it is not invalid for other reasons. | § 732.5165 |
| ☐ Gifts to the drafting lawyer | A gift to a lawyer, or to a person related to the lawyer, is void if the lawyer prepared or supervised the execution of the instrument or solicited the gift, unless the lawyer or other recipient is related to the person making the gift. Naming a lawyer as a fiduciary is not affected. | § 732.806(1) and (2) |
Sources: the 2026 Florida Statutes, as linked in each row.
Signing and witnessing steps
Every step below comes from the execution section. A missed step is a defect in the will, so each is listed on its own line.
| Step | What must happen | Source |
|---|---|---|
| ☐ 1. Testator signs | The testator signs the will at the end, or another person subscribes the testator's name at the end, in the testator's presence and at the testator's direction. | § 732.502(1)(a) |
| ☐ 2. Two witnesses present | The testator signs, or acknowledges that the testator already signed or that another person signed the testator's name, in the presence of at least two attesting witnesses. | § 732.502(1)(b) |
| ☐ 3. Witnesses sign | Each attesting witness signs in the presence of the testator and in the presence of the other witness. | § 732.502(1)(c) |
| ☐ 4. Witnesses qualify | Any person competent to be a witness may act. A will, or any part of it, is not invalid because an interested witness signed it. | § 732.504 |
| ☐ 5. Self-proving affidavit (optional) | The testator acknowledges the will, and both witnesses give affidavits, before an officer authorized to administer oaths. The officer's certificate follows or is attached to the will. This can be done when the will is signed or later. A self-proved will may be admitted to probate without further proof. | § 732.503(1), § 733.201(1) |
| ☐ 6. Without the affidavit | The will is admitted on the oath of an attesting witness before a circuit judge, a commissioner appointed by the court, or the clerk. If the witnesses cannot be found or have become incapacitated, other oaths are allowed. | § 733.201(2) and (3) |
| ☐ 7. Later changes | A codicil is executed with the same formalities as a will. A signed will is revoked by a later inconsistent will or codicil, by a later writing signed with will formalities that declares the revocation, or by burning, tearing, canceling, defacing, obliterating or destroying it with the intent to revoke. | § 732.502(5), § 732.505, § 732.506 |
| ☐ 8. List of tangible property (optional) | A written statement or list referred to in the will can dispose of tangible personal property not otherwise specifically disposed of. It must be signed by the testator and describe the items and the recipients with reasonable certainty. It may be prepared before or after the will and altered by the testator. If two lists conflict, the most recent one controls. | § 732.515 |
Sources: the 2026 Florida Statutes, as linked in each row.
People to decide on
- ☐ Full legal name and county of residence. Probate venue is the county where the decedent was domiciled (§ 733.101(1)(a)).
- ☐ Marriages. A divorce voids will provisions for the former spouse (§ 732.507(2)); a marriage after the will gives the new spouse the share in § 732.301.
- ☐ Children of the testator. Adopted children are descendants of the adopting parent (§ 732.108(1)). The Probate Code defines “child” to exclude a person who is only a stepchild or a foster child (§ 731.201(3)), so a stepchild receives a gift only if the will names the stepchild.
- ☐ Primary and contingent beneficiaries. If a devisee who is a grandparent, or a descendant of a grandparent, of the testator dies first, a substitute gift passes to the devisee's descendants unless the will shows a contrary intent. Words such as “if he survives me” show a contrary intent (§ 732.603(1) and (3)(a)). A devisee outside that group has no statutory substitute, so name a contingent beneficiary.
- ☐ Specific gifts. Name the person, the item and a backup. Use the signed list in Table 2, step 8, for small items of tangible property.
- ☐ A charity. Use the charity's legal name.
- ☐ A pet. A trust may be created for the care of an animal alive during the settlor's lifetime, and it ends when the animal dies (§ 736.0408(1)).
- ☐ Anyone to leave out. For a surviving spouse, or for the homestead where a minor child survives, check Table 3 first. The guide on disinheriting a child covers the rest.
Assets and how each passes
A will controls the estate that is subject to administration, which the Probate Code defines as “the property of a decedent that is the subject of administration” (§ 731.201(14)). An asset that pays to a named beneficiary or passes by survivorship does not pass under the will.
- ☐ List each asset and how it is titled. Property in the testator's sole name with no beneficiary designation is generally part of the estate. Insurance, annuities, retirement plans, IRAs and POD or TOD accounts follow their own beneficiary designations, each a governing instrument (§ 732.703(1)(e) and (3)).
- ☐ Check every beneficiary form. A divorce voids a designation of the former spouse on those assets, with the exceptions in § 732.703(4).
- ☐ Homestead. The homestead cannot be devised if the owner is survived by a spouse or a minor child, except to the spouse when there is no minor child (Art. X, § 4(c), Fla. Const.; § 732.4015(1)). The same rule covers a trust that devises the homestead (§ 732.4015(2)(b)).
- ☐ Property in another state. A nonresident's Florida assets can need ancillary administration under § 734.102. Real property in another state follows that state's law. See the guide on ancillary probate.
- ☐ Digital accounts. A user may allow or prohibit disclosure of digital assets to a fiduciary in a will, trust, power of attorney or other record, and a direction given through a custodian's online tool overrides a contrary direction in a will if the tool lets the user change it at all times (§ 740.003).
Limits on a will
These rules apply whatever the will says. Each protects a spouse, a child or the integrity of the will.
| Rule | What it does | Source |
|---|---|---|
| Elective share | The surviving spouse of a person who dies domiciled in Florida may elect a share equal to 30 percent of the elective estate. A written waiver signed before two subscribing witnesses, before or after marriage, can waive the right. A waiver signed after marriage requires fair disclosure; one signed before marriage does not. | § 732.201, § 732.2065, § 732.702(1) and (2) |
| Homestead | No devise of the homestead if a spouse or a minor child survives, except to the spouse when there is no minor child. | Art. X, § 4(c), Fla. Const., § 732.4015(1) |
| Spouse married after the will | The spouse takes the intestate share unless a prenuptial or postnuptial agreement provided for or waived it, the will provides for the spouse, or the will shows an intent not to provide. | § 732.301 |
| Child born or adopted after the will | The child takes the intestate share unless the omission was intentional, or the testator had a child when the will was signed and left substantially all to the other parent, who survives and takes. | § 732.302 |
| Exempt property | A surviving spouse, or the children if there is no spouse, take household furniture, furnishings and appliances up to a net value of $20,000, two motor vehicles, qualified tuition programs and certain benefits. The right is waived unless a petition is filed by the later of 4 months after service of the notice of administration or 40 days after related proceedings end. | § 732.402(1), (2) and (6) |
| Family allowance | A reasonable allowance in money for the surviving spouse and the lineal heirs the decedent supported or was obligated to support, not to exceed $18,000 in total. | § 732.403 |
| Killer | A person who unlawfully and intentionally kills, or participates in procuring the death of, the decedent takes nothing under the will or the Probate Code. | § 732.802(1) |
Sources: the 2026 Florida Statutes and Art. X, § 4, Fla. Const., as linked in each row. The guides on the elective share and family allowance and exempt property cover these rules in full.
Who is in charge
- ☐ Personal representative and a backup. An individual who is mentally and physically able, is 18 or older and has no felony conviction or conviction for abuse, neglect or exploitation of an elderly person or disabled adult, and who is a Florida resident, may serve (§ 733.302, § 733.303). A nonresident must be an adopted child or adoptive parent, a lineal relative, a spouse, brother, sister, uncle, aunt, nephew or niece, a lineal relative of one of those persons, or the spouse of a qualified person (§ 733.304). A bank or trust company authorized to act as a fiduciary may also serve (§ 733.305).
- ☐ Trustee and a backup, if there is a trust. A trust is a separate document; see the guide on will vs. trust.
- ☐ Guardian for minor children. Both parents, or the surviving parent, may name a preneed guardian for a minor child by a written declaration signed before two witnesses and filed with the clerk. The declaration may name an alternate (§ 744.3046(1) to (3)).
- ☐ Agent under a durable power of attorney. The agent is a natural person who is 18 or older, or a financial institution with trust powers (§ 709.2105(1)).
- ☐ Health care surrogate and an alternate. The designation may name an alternate surrogate if the designation is explicit (§ 765.202(3)).
Companion documents
A will does not cover incapacity or medical decisions. Each document below has its own signing rule, and none is satisfied by the will's witnesses alone.
| Document | Signing rule | Source |
|---|---|---|
| ☐ Durable power of attorney | Signed by the principal and two subscribing witnesses and acknowledged before a notary public. It is durable if it contains the durability words in the statute or similar words. It is exercisable when executed, and a power of attorney that takes effect on a future date or event is ineffective. | § 709.2105(2), § 709.2104, § 709.2108 |
| ☐ Designation of health care surrogate | Signed by the principal before two subscribing adult witnesses. The surrogate cannot be a witness, and at least one witness must be neither the spouse nor a blood relative of the principal. | § 765.202(1) and (2) |
| ☐ Living will | Signed by the principal before two subscribing witnesses, one of whom is neither the spouse nor a blood relative. It is the principal's responsibility to notify the primary physician that a living will exists. | § 765.302(1) and (2) |
| ☐ Preneed guardian declaration for the adult | A competent adult names a preneed guardian in a written declaration signed before two attesting witnesses present at the same time. The declaration may be filed with the clerk. | § 744.3045(1) to (3) |
| ☐ Anatomical gift | A person who may make a will may make an anatomical gift, by a donor card, the donor registry, a driver license, a living will, a will, or a signed document with two witnesses. A gift in a will takes effect at death without waiting for probate. | § 765.512(1), § 765.514(1) |
| ☐ Prenuptial or postnuptial waiver | Written and signed before two subscribing witnesses. Fair disclosure is required if signed after marriage. | § 732.702 |
| ☐ Revocable trust | The testamentary aspects of a revocable trust signed by a Florida domiciliary are invalid unless the trust is executed with the formalities for a will. | § 736.0403(2)(b) |
| ☐ Funeral and burial instructions | Before letters issue, any person may carry out the decedent's written instructions about the body and funeral and burial arrangements. | § 732.804 |
Sources: the 2026 Florida Statutes, as linked in each row. The guides on power of attorney and the health care surrogate cover the documents in more detail.
Storage and updates
- ☐ Keep the original in one known place. After the testator dies, the custodian of a will must deposit it with the clerk of the court having venue of the estate within 10 days after receiving information that the testator is dead (§ 732.901(1)). The clerk keeps the original for at least 20 years (§ 732.901(4)).
- ☐ Tell the personal representative and one other person where the original is.
- ☐ Do not mark a signed will. Canceling, defacing or obliterating a will with the intent to revoke revokes it (§ 732.506). Make changes by codicil or a new will.
- ☐ Review after a marriage, divorce, birth, death or move. The guide on when to update an estate plan lists the events and the statutes that apply.
Sources
Last checked: October 17, 2026. Statutes are cited to the 2026 Florida Statutes on the Florida Senate site.
- § 732.501, § 732.502, § 732.503, § 732.504, § 732.505 and § 732.506, Fla. Stat. (2026). Who may make a will; execution; self-proof; witnesses; revocation.
- § 732.515, § 732.5165 and §§ 732.521 to 732.526. Separate writing for tangible property; fraud, duress, mistake and undue influence; electronic wills.
- § 732.603 and § 732.703. Antilapse; effect of divorce on certain assets at death.
- § 732.201, § 732.2065, § 732.301, § 732.302, § 732.402, § 732.403, § 732.4015, § 732.702, § 732.802 and § 732.806. Limits on a will.
- § 732.108 and § 731.201. Adopted persons and persons born out of wedlock; general definitions.
- § 732.804 and § 732.901. Disposition of the body; production of wills.
- § 733.101, § 733.201, § 733.302, § 733.303, § 733.304 and § 733.305. Venue; proof of wills; who may be appointed personal representative.
- § 734.102. Ancillary administration.
- § 736.0403 and § 736.0408. Trusts created in other jurisdictions and formalities for revocable trusts; trust for care of an animal.
- § 709.2104, § 709.2105 and § 709.2108. Powers of attorney.
- § 740.003. User direction for disclosure of digital assets.
- § 744.3045 and § 744.3046. Preneed guardian; preneed guardian for minor.
- § 765.202, § 765.302, § 765.512 and § 765.514. Health care surrogate; living will; anatomical gifts.
- Art. X, § 4, Fla. Const.. Homestead; exemptions.
— Common questions
What people ask us about this.
Does a will need to be notarized in Florida?
No. A Florida will needs the testator's signature and two attesting witnesses who sign in the presence of the testator and of each other (§ 732.502(1)). A notary, or another officer authorized to administer oaths, is needed only for the optional self-proving affidavit under § 732.503, which lets the court admit the will without further proof (§ 733.201(1)).
Is a handwritten will valid in Florida?
A handwritten will is valid in Florida when it is signed by the testator and witnessed as § 732.502(1) requires; the statute says such a will is not considered a holographic will. Every will must be executed as subsection (1) requires, and a handwritten will signed without two witnesses does not meet it.
Can a beneficiary be a witness to my will?
Is a will signed in another state valid in Florida?
A will other than a holographic or nuncupative will, executed by a nonresident of Florida, is valid in Florida if it is valid under the law of the state or country where it was executed (§ 732.502(2)).
Can I leave my house to anyone I choose?
Not if the house is the homestead and a spouse or minor child survives you. The homestead cannot be devised in that case, except to the spouse when there is no minor child (Art. X, § 4(c), Fla. Const.; § 732.4015(1)).
Can I leave my spouse out of my will in Florida?
A surviving spouse of a person who dies domiciled in Florida may elect 30 percent of the elective estate (§ 732.201; § 732.2065), and has homestead, exempt property and family allowance rights. A written waiver signed before two subscribing witnesses can waive these rights (§ 732.702). A fair disclosure is required if the waiver is signed after marriage.
Can I use a template or an online form to make a will?
Does a will avoid probate in Florida?
No. A will directs how the estate that is subject to administration passes. The custodian must deposit the original with the clerk within 10 days after learning of the death (§ 732.901(1)), and the will is then admitted to probate. Assets that pay to a named beneficiary or pass by survivorship do not pass under the will.
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