How to Make a Will in Florida

If you're a resident of Florida and thinking about making a will, you should understand what a will is and how to create one. A last will and testament (more commonly known as a will) can help protect your family and your property.

A will can be used to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and

• name a personal representative, the person who makes sure that the terms of your will are carried out.

Below you'll find an overview of what a will can do for you, what Florida laws require when you make a will, and what the process looks like.

Steps to Create a Will in Florida

Here's a quick checklist for making a will in Florida:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will?

In Florida, if you die without a will, your property will be distributed according to state "intestacy" laws. Florida's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, and your spouse's relatives. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property.

Can I Make My Own Will in Florida?

Yes. You can make your own will in Florida and can do so using Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Florida

To make a will in Florida, you must be:

• 18 years of age or older (or an emancipated minor), and
• of sound mind.

(Fla. Stat. § 732.501 (2025).)

Florida doesn't recognize nuncupative (oral) or holographic (handwritten) wills that aren't witnessed. (Fla. Stat. § 732.502 (2025).)

Traditionally, wills in Florida have been made on hard copy on actual paper. However, Florida now allows wills to be in a digital format. (See "Can I Make a Digital or Electronic Will?" below.)

How to Sign and Execute My Florida Will

To finalize your will in Florida:

• you must sign your will or acknowledge it in front of two competent witnesses, and
• your witnesses must sign your will in front of you and each other.

Specifically, you must sign at the end of your will. (Fla. Stat. § 732.502 (2025).)

While Florida law allows an "interested person" who stands to inherit under your will to serve as a witness, it's usually not a good idea. (Fla. Stat. § 732.504 (2025).)

Do I Need to Have My Will Notarized?

No, in Florida, you don't need to notarize your will to make it legal.

However, Florida allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit that proves who you are and that each of you knew you were signing the will. You can do this at the time of signing your will or later. (Fla. Stat. § 732.503 (2025).)

Florida also allows for remote notarization through real-time, two-way audio-video communication. (Fla. Stat. § 117.209 (2025).)

Can I Make a Digital or Electronic Will?

Florida is one of a handful of states that technically allows electronic wills (e-wills). The signatures of the will maker and witnesses may be electronic signatures. (Fla. Stat. § 732.522 (2025).)

However, the witnessing requirements are complicated if the witnesses and notarization are done remotely. If you wish to create an e-will, you might want to use a lawyer—or at least a notary service that has experience notarizing e-wills remotely.

Should I Choose and Appoint a Personal Representative in My Will?

Yes. In Florida, you can use your will to name a personal representative who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your personal representative that generally explains what the job requires. If you don't name a personal representative, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in Florida?

In Florida, you may revoke or change your will at any time. You can revoke your will by:

• burning, tearing, canceling, defacing, obliterating, or destroying your will yourself with the intent to revoke it
• instructing someone else to do any of the acts listed above in front of you with the intent to revoke the will, or
• making a new will or codicil that says it revokes the prior one or includes contradictory terms.

(Fla. Stat. §§ 732.505, 732.506 (2025).)

If you need to make changes to your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will – this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

If you and your spouse divorce (or if a court determines that your marriage isn't legal), Florida law revokes any language in your will that leaves property to your spouse or names your spouse to be your personal representative. This rule doesn't apply if you specifically state in your will (or divorce decree) that divorce won't affect the provisions in your will. (Fla. Stat. § 732.507 (2025).)

If you have any concerns about the effects of divorce on your will, see an estate planning attorney for help.

Next Steps

You can find Florida's laws about making wills here: Florida Statutes Title XLII Estates and Trusts, Chapter 732 Probate Code Intestate Succession and Wills, Part V Wills.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and transfer-on-death deeds—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Florida wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Florida, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Florida?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Florida, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. At that point, it will be filed to begin the probate process.

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. The good news is that Florida doesn't have an estate tax, and very few people need to worry about federal estate taxes. Only people with estates worth several million dollars need to think about federal estate taxes, but a will won't help them avoid taxes. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.