What it means
Every will must be in writing. The testator signs at the end, or the testator's name is subscribed at the end by another person in the testator's presence and by the testator's direction. (§ 732.502(1)(a))
The testator's signing, or acknowledgment that he or she previously signed or that another person subscribed the testator's name, must be in the presence of at least two attesting witnesses. The witnesses must sign in the presence of the testator and of each other. (§ 732.502(1)(b), (c))
A will of a nonresident, other than a holographic or nuncupative will, is valid in Florida if valid where executed. A will in the testator's handwriting that meets subsection (1) is not considered holographic. A military testamentary instrument under 10 U.S.C. s. 1044d, executed by a person eligible for military legal assistance, is valid as a will in Florida. No particular form of words is required, and a codicil needs the same formalities as a will. (§ 732.502(2)-(5))
- A will must be in writing and executed as the section requires (§ 732.502).
- The testator signs 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)).
- The signing, or an acknowledgment of it, must be in the presence of at least two attesting witnesses (§ 732.502(1)(b)).
- The witnesses must sign in the presence of the testator and of each other (§ 732.502(1)(c)).
- A nonresident's will, other than a holographic or nuncupative will, is valid if valid where executed (§ 732.502(2)).
- A codicil is executed with the same formalities as a will (§ 732.502(5)).
Text of the statute (2026)
Every will must be in writing and executed as follows: (1)(a) Testator’s signature.— 1. The testator must sign the will at the end; or 2. The testator’s name must be subscribed at the end of the will by some other person in the testator’s presence and by the testator’s direction. (b) Witnesses.—The testator’s: 1. Signing, or 2. Acknowledgment: a. That he or she has previously signed the will, or b. That another person has subscribed the testator’s name to it, must be in the presence of at least two attesting witnesses. (c) Witnesses’ signatures.—The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.
(2) Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida, either before or after this law takes effect, is valid as a will in this state if valid under the laws of the state or country where the will was executed. A will in the testator’s handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will. (3) Any will executed as a military testamentary instrument in accordance with 10 U.S.C. s. 1044d, Chapter 53, by a person who is eligible for military legal assistance is valid as a will in this state. (4) No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law. (5) A codicil shall be executed with the same formalities as a will.
Excerpts are the subsections the summary relies on. Read the full official text of § 732.502.
History. s. 1, ch. 74-106; s. 21, ch. 75-220; s. 11, ch. 77-87; s. 961, ch. 97-102; s. 42, ch. 2001-226; s. 5, ch. 2003-154.
How it applies
The formalities are applied as written: a writing, the testator's signature or acknowledgment before two attesting witnesses, and the witnesses' signatures in the presence of the testator and of each other. A will that omits one of these steps does not meet the section. Proof of a validly executed will is addressed separately: a will made self-proved under § 732.503 may be admitted to probate without further proof (§ 733.201(1)). Electronic execution, including remote witnessing, is governed by § 732.522.
Where this shows up
Pages on this site where § 732.502 does real work:
- What to do in the first 72 hours after a death in Florida
- Will vs. trust in Florida: what each does, how each is signed and what each avoids
- When to update a Florida estate plan: marriage, divorce, a birth, a death, a move, new assets and incapacity, what Florida law changes automatically and which documents to review after each event
- 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
- Ancillary probate in Florida: when it is needed, who can serve, steps and alternatives
- Will contest in Florida: grounds, deadlines and the 3-month objection period
- Florida snowbird estate planning: domicile, homestead, other-state taxes and ancillary probate
- Pet trusts in Florida under § 736.0408: setup, funding, caregiver, trustee and enforcement
- Disinheriting a child in Florida: what the law allows, protected homestead and how to draft it
- Funding a revocable trust in Florida: deeds, accounts, retirement plans, insurance and what to leave out
Questions people ask
Sources
- Fla. Stat. § 732.502 (2026), Online Sunshine / Florida Senate (Subsection (1)(c): The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.)
- Fla. Stat. § 733.201 (2026), Online Sunshine / Florida Senate (Proof of wills: Self-proved wills executed in accordance with this code may be admitted to probate without further proof.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.