Florida will requirements
A Florida will needs two attesting witnesses who watch you sign (or acknowledge your signature) and who then sign the will in front of you and in front of each other. Florida does not recognize handwritten wills without witnesses.
- 2
- Attesting witnesses, both present simultaneously
- None
- Holographic (handwritten) wills recognized
Florida Statutes 732.502, read Oct 5, 2026. See source
On this page
Key facts
- You and both witnesses must all be present at the same time when you sign1.
- Each witness must sign in the presence of the testator and in the presence of each other1.
- Florida does not recognize holographic (handwritten) wills - 732.502 requires two-witness formality with no exception1.
- A self-proving affidavit eliminates the need for witnesses to testify at probate2.
What the statute says
Florida Statutes 732.502(1) sets out three requirements. First, the testator must sign at the end, or someone else may subscribe the testator's name at the end in the testator's presence and by the testator's direction. Second, that signing or acknowledgment must happen in the presence of at least two attesting witnesses simultaneously. Third, the attesting witnesses must sign the will in the presence of the testator and in the presence of each other1.
Unlike Texas (Estates Code 251.052) or California (Probate Code 6111), Florida's 732.502 provides no exception for handwritten wills. A will that does not meet the two-witness formality is not valid, regardless of whether it was written entirely by hand1.
Section 732.503 allows a will to be made self-proved. The testator and witnesses acknowledge or swear before a notary or other officer authorized to administer oaths, and the affidavit may be made at the time of execution or at any time after. A self-proved will can be admitted to probate without witness testimony2.
Florida will signing rules at a glance
| Requirement | Rule | Notes |
|---|---|---|
| Witnesses1 | At least two | Both must be present at the same time as the testator |
| Witness presence1 | Must sign in each other's presence and the testator's presence | All three must be present simultaneously at signing |
| Notary2 | Not required for validity | Required only for a self-proving affidavit |
| Holographic will1 | Not recognized | 732.502 requires two-witness formality with no handwritten exception |
| Source | Florida Statutes 732.502Read Oct 5, 2026 | Florida Statutes 732.503Read Oct 5, 2026 |
How to sign a Florida will
Step 1
Bring two adult witnesses
Choose people who do not inherit under the will. All three of you should be together for the entire signing.
Step 2
Sign at the end of the will
Section 732.502 requires your signature at the end. Both witnesses must be watching when you sign.
Step 3
Both witnesses sign in your presence and each other's presence
All three of you must still be together. Each witness signs while you and the other witness watch.
Step 4
Add a self-proving affidavit with a notary (recommended)
You and the witnesses sign an acknowledgment before a notary. Florida law allows this at the time of execution or any time after2.
Step 5
Store the original safely
Tell your personal representative where the original is kept.
Florida will questions
Does a Florida will need to be notarized?
No, notarization is not required for validity. It is required only if you want to add a self-proving affidavit under 732.503, which makes probate easier2.
Is a handwritten will valid in Florida?
No. Florida 732.502 requires two-witness formality with no exception for handwritten wills. A handwritten will in Florida must still be signed in front of two witnesses who sign in front of each other and the testator1.
Can a beneficiary be a witness?
Florida law does not automatically invalidate a will because a beneficiary witnesses it, but the interested witness's gift can be affected. Use disinterested witnesses to avoid any challenge.
What if I move to Florida from another state?
A will valid where it was executed is generally treated as valid in Florida under 732.502(2). Checking with a Florida attorney is advisable if there is any doubt.
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