People who want to name devisees and a personal representative and own little that passes outside the will

Last Will & Testament

How a Florida will is signed, witnessed, self-proved, changed and revoked, and what it does not control, with each rule cited to the Florida Statutes.

A will states who receives the testator's property at death and nominates a personal representative. Any person of sound mind who is 18 or older, or an emancipated minor, may make a will (§ 732.501, Fla. Stat. (2026)). In a testate estate, the personal representative nominated by the will, or the nominee's successor, has first preference for appointment (§ 733.301(1)(a)1., Fla. Stat. (2026)).

What a will does not do. A will does not avoid probate. Until it is admitted to probate in this state or in the state where the decedent was domiciled, it is ineffective to prove title to, or the right to possession of, the testator's property (§ 733.103(1), Fla. Stat. (2026)). The custodian of a will must deposit it with the clerk of the court having venue within 10 days after receiving information that the testator is dead (§ 732.901(1)). Probate of a will in Florida is conclusive in collateral proceedings of its due execution, of a competent testator free of fraud, duress, mistake and undue influence, and that the will was unrevoked at death (§ 733.103(2)).

Property a will does not control. Death benefits of life insurance, annuities and benefit plans may be made payable to a trustee (§ 733.808(1), Fla. Stat. (2026)), and benefits so payable are not deemed part of the decedent's estate unless paid to a personal representative under § 733.808(3) (§ 733.808(4)). Homestead is not subject to devise if the owner is survived by a spouse or minor child, except that it may be devised to the spouse when there is no minor child (§ 732.4015(1), Fla. Stat. (2026); Art. X, § 4(c), Fla. Const.). A will cannot override those rules.

Without a will. Intestate succession applies. A surviving spouse takes the entire intestate estate when the decedent has no surviving descendant, or when all of the decedent's descendants are also descendants of the spouse and the spouse has no other descendant (§ 732.102(1)-(2), Fla. Stat. (2026)). The rest passes to descendants, then to parents, then to siblings and their descendants, then to more distant kindred in the order listed (§ 732.103). An unmarried partner is not among the listed heirs (§ 732.102, § 732.103).

Probate size. A summary administration is available when the estate subject to administration in Florida, less property exempt from creditors' claims, does not exceed $150,000, or when the decedent has been dead for more than 2 years (§ 735.201(2), Fla. Stat. (2026)). Ch. 2026-57, § 7, Laws of Fla., raised the figure from $75,000, effective July 1, 2026 (ch. 2026-57, § 14). A will does not change which procedure applies. A federal change eliminated Florida's estate tax on people who died after December 31, 2004 (Florida Department of Revenue), and the IRS lists a 2026 federal basic exclusion amount of $15,000,000 (IRS, What's New: Estate and Gift Tax).

The fit

Who qualifies

Anyone 18 or older, or an emancipated minor, of sound mind. That is the statutory test for making a will (§ 732.501, Fla. Stat. (2026)).
People who want to choose the personal representative. A will's nominee has first preference for appointment in a testate estate (§ 733.301(1)(a)1., Fla. Stat. (2026)). A person who is sui juris and a Florida resident at the death of the decedent is qualified to serve (§ 733.302).
People who want to choose devisees instead of the intestate heirs. Without a will, the heirs are the spouse and kindred listed in § 732.102 and § 732.103 (Fla. Stat. (2026)).
People who want to list who receives personal items. A signed writing referred to in the will can dispose of tangible personal property not otherwise specifically disposed of, other than property used in a trade or business, if it describes the items and devisees with reasonable certainty (§ 732.515, Fla. Stat. (2026)).
People with a trust. A devise may be made to the trustee of a trust that is evidenced by a written instrument in existence when the will is made, or signed at the same time, if the will identifies it (§ 732.513(1), Fla. Stat. (2026)).
Nonresidents. A will other than a holographic or nuncupative will, executed by a nonresident, is valid in Florida if valid under the law of the state or country where it was executed (§ 732.502(2), Fla. Stat. (2026)).

The work

What the documents cover

Signature of the testator at the end of the will (§ 732.502(1)(a), Fla. Stat. (2026))
Two attesting witnesses who sign in the presence of the testator and of each other (§ 732.502(1)(b)-(c))
Optional self-proving affidavit before an officer authorized to administer oaths (§ 732.503(1), Fla. Stat. (2026))
Nomination of a personal representative (§ 733.301(1)(a)1.)
Devises of the residue and of specific property, including to a trustee where a trust exists (§ 732.513(1))
Optional signed writing for tangible personal property (§ 732.515)
Codicils executed with the same formalities as a will (§ 732.502(5))

The process

How it works, step by step

01
Decide devisees and the personal representative
The will names who receives the property and nominates a personal representative, who has first preference in a testate estate (§ 733.301(1)(a)1.). No particular form of words is needed if the will is executed with the required formalities (§ 732.502(4)).
02
Check property that passes outside the will
Death benefits payable to a trustee are not deemed part of the estate unless paid to a personal representative (§ 733.808(1), (3)-(4)). Homestead cannot be devised away from a surviving spouse or minor child, except to the spouse when there is no minor child (§ 732.4015(1)).
03
Sign before two attesting witnesses
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 acknowledgment must be in the presence of at least two attesting witnesses, who sign in the presence of the testator and of each other (§ 732.502(1)(b)-(c)).
04
Add the self-proving affidavit
A will may be made self-proved when it is signed or later, by the testator's acknowledgment and the witnesses' affidavits made before an officer authorized to administer oaths (§ 732.503(1)). A notary is not required for the will to be valid.
05
Store the original and review after life changes
The custodian must deposit the will with the clerk within 10 days after receiving information that the testator is dead (§ 732.901(1)). The clerk retains the original for at least 20 years (§ 732.901(4)). Marriage, birth and adoption do not revoke a will, and dissolution of marriage voids provisions that affect the spouse (§ 732.507(1)-(2)).

The pitfalls

Common problems

Easy on people, tough on problems. These are the issues to plan for.

Unwitnessed or unsigned writings. A will must be in writing, signed at the end, and signed or acknowledged before at least two attesting witnesses who sign in the presence of the testator and of each other (§ 732.502(1), Fla. Stat. (2026)). A will in the testator's handwriting that meets those requirements is not treated as a holographic will (§ 732.502(2)).
Assuming an interested witness invalidates the will. It does not. A will or codicil, or any part of either, is not invalid because an interested witness signed it (§ 732.504(2), Fla. Stat. (2026)). Any person competent to be a witness may act (§ 732.504(1)).
A minor as a direct devisee. Natural guardians may receive property distributed from an estate or trust on behalf of a minor child, without appointment, authority or bond, only if the amounts received in the aggregate do not exceed $15,000 (§ 744.301(2)(c), Fla. Stat. (2026)). A court may appoint a guardian for a minor on petition (§ 744.3021(1)). A devise to the trustee of an existing trust is valid (§ 732.513(1)).
Outdated provisions after divorce. A will provision that affects the testator's spouse is void upon dissolution of the marriage, and the will is construed as if the spouse died at the time of dissolution, unless the will was executed after the dissolution, the will states a contrary intention, or the dissolution judgment provides otherwise (§ 732.507(2), Fla. Stat. (2026)). The rule applies to wills of decedents who die on or after June 29, 2021 (§ 732.507(3)). Other provisions stay in force.
Assuming the will controls beneficiary-designated assets. Death benefits payable to a trustee are not deemed part of the estate unless paid to a personal representative (§ 733.808(4), Fla. Stat. (2026)). A designation of a former spouse, made before a dissolution, is void as of the dissolution for the assets listed in § 732.703(3), unless an exception in § 732.703(4) applies (§ 732.703(2)).
Forgetting the spouse or child who arrives after signing. A spouse who marries the testator after the will is made and survives the testator takes an intestate-equivalent share unless the spouse is provided for by agreement or in the will, or the will shows an intention not to provide (§ 732.301, Fla. Stat. (2026)). A child born or adopted after the will, who is omitted, takes an intestate-equivalent share unless the omission appears intentional from the will or an exception applies (§ 732.302).
A will that depends on property that needs probate anyway. A will is ineffective to prove title until admitted to probate (§ 733.103(1), Fla. Stat. (2026)). Real estate and accounts titled in the testator's name pass through the estate.
Undue influence. A will is void if its execution was procured by fraud, duress, mistake or undue influence, and any part so procured is void while the remainder stands (§ 732.5165, Fla. Stat. (2026)).

The FAQ

Frequently asked questions

How many witnesses does a Florida will need?+−

Two. The testator's signing, or acknowledgment of a prior signature, must be in the presence of at least two attesting witnesses, who must sign in the presence of the testator and of each other (§ 732.502(1)(b)-(c), Fla. Stat. (2026)). The testator signs at the end of the will, 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)).

Does a Florida will have to be notarized?+−

No. A will is valid when executed with the formalities in § 732.502(1), Fla. Stat. (2026). A notary is involved only in the optional self-proof, which is made by the testator's acknowledgment and the witnesses' affidavits before an officer authorized to administer oaths (§ 732.503(1)). A will executed in conformity with § 732.502 may be made self-proved at signing or at any later date.

Can a beneficiary witness a will in Florida?+−

Yes. A will or codicil, or any part of either, is not invalid because it is signed by an interested witness (§ 732.504(2), Fla. Stat. (2026)). Any person competent to be a witness may act as a witness (§ 732.504(1)).

Is a handwritten will valid in Florida?+−

Only if it is executed with the formalities in § 732.502(1), Fla. Stat. (2026): signed at the end and signed or acknowledged before two attesting witnesses who sign in the presence of the testator and of each other. A will in the testator's handwriting that is executed in accordance with subsection (1) is not considered a holographic will (§ 732.502(2)).

Can a will be signed electronically?+−

Yes, under the electronic will provisions. An electronic will is a testamentary instrument executed with an electronic signature (§ 732.521(4), Fla. Stat. (2026)). A requirement that the instrument be signed may be satisfied by an electronic signature, and a requirement that individuals sign in one another's presence may be satisfied by audio-video communication technology that meets part II of chapter 117, under a notary's supervision and the other conditions in § 732.522(2). An electronic will is revoked by deleting, canceling, rendering unreadable or obliterating it with intent to revoke, proved by clear and convincing evidence (§ 732.506).

What happens if I die without a will in Florida?+−

Your property passes by intestate succession. A surviving spouse takes the entire intestate estate if there is no surviving descendant, or if all descendants are also the spouse's and the spouse has no other descendant, and one-half if a descendant of the decedent is not the spouse's descendant, or if all descendants are also the spouse's and the spouse has other descendants (§ 732.102(1)-(4), Fla. Stat. (2026)). The remainder passes to descendants, then to parents, siblings and more distant kindred in the order in § 732.103. An unmarried partner is not among the listed heirs (§ 732.102, § 732.103).

Does a will avoid probate?+−

No. A will is ineffective to prove title to, or the right to possession of, the testator's property until it is admitted to probate (§ 733.103(1), Fla. Stat. (2026)). The custodian deposits the will with the clerk within 10 days after receiving information that the testator is dead (§ 732.901(1)). Summary administration is the shorter procedure when the estate, less exempt property, does not exceed $150,000 or the decedent has been dead more than 2 years (§ 735.201(2)).

How do I change or revoke a will?+−

A will or codicil is revoked by a later inconsistent will or codicil to the extent of the inconsistency, or by a later will, codicil or other writing executed with the formalities for wills that declares the revocation (§ 732.505, Fla. Stat. (2026)). It is also revoked by the testator, or another person in the testator's presence and at the testator's direction, burning, tearing, canceling, defacing, obliterating or destroying it with intent to revoke (§ 732.506). A codicil is executed with the same formalities as a will (§ 732.502(5)). Revoking a will revokes all its codicils (§ 732.509), and revoking a will that revoked a former will does not revive the former will (§ 732.508(1)).

Does marriage or a new child revoke my will?+−

No. Neither subsequent marriage, birth nor adoption of descendants revokes a prior will, but the pretermitted child or spouse inherits as § 732.301 and § 732.302 provide, regardless of the will (§ 732.507(1), Fla. Stat. (2026)). A spouse who marries after the will and survives takes an intestate-equivalent share unless provided for by agreement or in the will, or the will shows an intention not to provide (§ 732.301). An omitted child born or adopted after the will takes an intestate-equivalent share unless the omission was intentional on the will's face, or the testator had children when the will was signed and left substantially all to the other parent, who survived and takes under the will (§ 732.302).

What happens to my will if I divorce?+−

Any provision of the will that affects the former spouse is void on dissolution of the marriage, and the will is construed as if the spouse died at the time of dissolution (§ 732.507(2), Fla. Stat. (2026)). The rule does not invalidate a provision in a will executed after the dissolution, one with a stated contrary intention, or one the dissolution judgment expressly preserves (§ 732.507(2)(b)). It applies to wills of decedents who die on or after June 29, 2021 (§ 732.507(3)).

Can I disinherit a child or my spouse?+−

A will can omit a child, but a child born or adopted after the will is protected by § 732.302, Fla. Stat. (2026), unless the will shows the omission was intentional. A surviving spouse of a person who dies domiciled in Florida has a right to an elective share of the elective estate (§ 732.201, Fla. Stat. (2026)), and a spouse who marries after the will has the pretermitted spouse share (§ 732.301). Homestead cannot be devised away from a surviving spouse or minor child except to the spouse when there is no minor child (§ 732.4015(1)).

Does the will cover retirement accounts and life insurance?+−

Not when a trustee is the payee. Death benefits of life insurance, annuities and benefit plans may be made payable to a trustee and are then held under the trust terms (§ 733.808(1), Fla. Stat. (2026)), and they are not deemed part of the estate unless paid to a personal representative (§ 733.808(4)). A designation of a former spouse made before a dissolution is void as of the dissolution for the assets in § 732.703(3), subject to § 732.703(4) (§ 732.703(2)).

In short

A will states who receives probate property and who serves as personal representative, and it is ineffective to prove title until it is admitted to probate (§ 733.103(1)). Death benefits payable to a trustee and homestead follow their own rules (§ 733.808(4), § 732.4015(1)).

Last checked: October 19, 2026

Sources

Each source below was read on the date shown. Statute links open the 2026 edition on the Florida Senate site. The Florida Probate Rules edition is the one the Florida Bar posted on October 15, 2026.

§ 732.502, Fla. Stat. (2026), Execution of wills. The Florida Senate. Plain-English page on this site.
§ 732.503, Fla. Stat. (2026), Self-proof of will. The Florida Senate. Plain-English page on this site.
§ 732.507, Fla. Stat. (2026), Effect of subsequent marriage, birth, adoption, or dissolution of marriage. The Florida Senate. Plain-English page on this site.
§ 732.513, Fla. Stat. (2026), Devises to trustee. The Florida Senate. Plain-English page on this site.
§ 732.4015, Fla. Stat. (2026), Devise of homestead. The Florida Senate. Plain-English page on this site.
§ 732.901, Fla. Stat. (2026), Production of wills. The Florida Senate. Plain-English page on this site.
§ 733.103, Fla. Stat. (2026), Effect of probate. The Florida Senate.
§ 733.808, Fla. Stat. (2026), Death benefits; disposition of proceeds. The Florida Senate.
§ 735.201, Fla. Stat. (2026), Summary administration; nature of proceedings. The Florida Senate. Plain-English page on this site.
Ch. 2026-57, §§ 7, 14, Laws of Fla., CS/HB 1337, amending s. 735.201(2) and setting the effective date. Florida Department of State.
Art. X, § 4, Fla. Const., Homestead; exemptions. The Florida Senate.
IRS, What's New: Estate and Gift Tax, Basic exclusion amount for year of death (2026: $15,000,000). Internal Revenue Service.
Fla. Dep't of Revenue, Florida Estate Tax, Florida estate tax. Florida Department of Revenue.
§ 732.501, Fla. Stat. (2026), Who may make a will. The Florida Senate. Plain-English page on this site.
§ 732.504, Fla. Stat. (2026), Who may witness. The Florida Senate. Plain-English page on this site.
§ 732.505, Fla. Stat. (2026), Revocation by writing. The Florida Senate.
§ 732.506, Fla. Stat. (2026), Revocation by act. The Florida Senate.
§ 732.508, Fla. Stat. (2026), Revival by revocation. The Florida Senate.
§ 732.509, Fla. Stat. (2026), Revocation of codicil. The Florida Senate.
§ 732.515, Fla. Stat. (2026), Separate writing identifying devises of tangible property. The Florida Senate. Plain-English page on this site.
§ 732.5165, Fla. Stat. (2026), Effect of fraud, duress, mistake, and undue influence. The Florida Senate. Plain-English page on this site.
§ 732.521, Fla. Stat. (2026), Definitions (electronic wills). The Florida Senate. Plain-English page on this site.
§ 732.522, Fla. Stat. (2026), Method and place of execution (electronic wills). The Florida Senate. Plain-English page on this site.
§ 732.301, Fla. Stat. (2026), Pretermitted spouse. The Florida Senate. Plain-English page on this site.
§ 732.302, Fla. Stat. (2026), Pretermitted children. The Florida Senate. Plain-English page on this site.
§ 732.201, Fla. Stat. (2026), Right to elective share. The Florida Senate. Plain-English page on this site.
§ 732.102, Fla. Stat. (2026), Spouse's share of intestate estate. The Florida Senate. Plain-English page on this site.
§ 732.103, Fla. Stat. (2026), Share of other heirs. The Florida Senate. Plain-English page on this site.
§ 732.703, Fla. Stat. (2026), Effect of divorce, dissolution, or invalidity of marriage on disposition of certain assets at death. The Florida Senate. Plain-English page on this site.
§ 733.301, Fla. Stat. (2026), Preference in appointment of personal representative. The Florida Senate. Plain-English page on this site.
§ 733.302, Fla. Stat. (2026), Who may be appointed personal representative. The Florida Senate.
§ 744.301, Fla. Stat. (2026), Natural guardians. The Florida Senate. Plain-English page on this site.
§ 744.3021, Fla. Stat. (2026), Guardians of minors. The Florida Senate.

General information, not legal advice. The official text controls. Disclaimer.