Florida Statute 732.521
“Definitions”
What it means
These definitions apply to ss. 732.521-732.525. An electronic will is a testamentary instrument, including a codicil, executed with an electronic signature by a person in the manner the code prescribes, which disposes of the person's property on or after death, and includes an instrument that merely appoints a personal representative or guardian or revokes or revises another will. (§ 732.521(4))
An electronic signature is an electronic mark visibly manifested in a record as a signature and executed or adopted by a person with the intent to sign the record. (§ 732.521(3))
Several terms borrow other definitions: audio-video communication technology, online notarization, and online notary public take their meaning from § 117.201, and electronic record from § 668.50. A qualified custodian is a person who meets § 732.524(1). A secure system satisfies the requirements of a secure repository qualified to retain electronic journals of online notaries under § 117.245. (§ 732.521(1), (2), (5)-(8))
- "Electronic will" means a will or codicil executed with an electronic signature as the code prescribes (§ 732.521(4)).
- "Electronic signature" is an electronic mark adopted with intent to sign the record (§ 732.521(3)).
- "Electronic record" takes its meaning from § 668.50 (§ 732.521(2)).
- "Audio-video communication technology," "online notarization," and "online notary public" take their meaning from § 117.201 (§ 732.521(1), (5), (6)).
- "Qualified custodian" refers to § 732.524(1), and "secure system" to § 117.245 (§ 732.521(7), (8)).
Text of the statute (2026)
As used in ss. 732.521-732.525, the term: (1) “Audio-video communication technology” has the same meaning as provided in s. 117.201. (2) “Electronic record” has the same meaning as provided in s. 668.50. (3) “Electronic signature” means an electronic mark visibly manifested in a record as a signature and executed or adopted by a person with the intent to sign the record. (4) “Electronic will” means a testamentary instrument, including a codicil, executed with an electronic signature by a person in the manner prescribed by this code, which disposes of the person’s property on or after his or her death and includes an instrument which merely appoints a personal representative or guardian or revokes or revises another will. (5) “Online notarization” has the same meaning as provided in s. 117.201. (6) “Online notary public” has the same meaning as provided in s. 117.201. (7) “Qualified custodian” means a person who meets the requirements of s. 732.524(1). (8) “Secure system” means a system that satisfies the requirements of a secure repository qualified to retain electronic journals of online notaries public in accordance with s. 117.245 and any rules established under part II of chapter 117.
Excerpts are the subsections the summary relies on. Read the full official text of § 732.521.
History. s. 32, ch. 2019-71; s. 6, ch. 2021-205.
How it applies
This section supplies definitions only. It does not say how an electronic will is signed or witnessed. That is in § 732.522, which allows an electronic signature to satisfy a signing requirement and sets the conditions for witnesses to sign by audio-video communication technology. Terms such as online notarization are defined by reference to § 117.201, so the chapter 117 definitions govern those terms in the electronic wills provisions.
Where this shows up
Pages on this site where § 732.521 does real work:
- Will vs. trust in Florida: what each does, how each is signed and what each avoids
- 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 history of probate, 1066–2026
Questions people ask
Sources
- Fla. Stat. § 732.521 (2026), Online Sunshine / Florida Senate (Subsection (4): “Electronic will” means a testamentary instrument, including a codicil, executed with an electronic signature)
- Fla. Stat. § 732.522 (2026), Online Sunshine / Florida Senate (Execution of electronic wills: Any requirement that an instrument be signed may be satisfied by an electronic signature.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.