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Below are the requirements for a will to be valid in Florida: The will must be written. This is the number one requirement; an oral will is not acceptable in Florida under any circumstances.
A will is a written direction controlling the disposition of property at death. The laws of each state set the formal requirements for a legal will. In Florida: You, the maker of the will (called the testator), must be at least 18 years old. You must be of sound mind at the time you sign your will.
Under Florida law, a last will and testament: Must be in writing. Florida probate courts don't allow oral declarations (nuncupative wills) or handwritten instructions from a testator without witness signatures (holographic wills) as valid wills. Must be made by a competent person.
This guide provides clear, concise advice on the legal requirements and steps to make your will valid under Florida law. From understanding age and mental capacity to appointing a personal representative, you’ll learn everything necessary to protect your estate and your loved ones’ future.
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.—.
What Are the Requirements for Making a 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 (2023).) Florida does not recognize nuncupative (oral) or holographic (handwritten) wills that are not witnessed. (Fla. Stat. § 732.502 (2023).)
A Will is a writing, signed by the decedent and witnesses, that meets Florida law requirements. In a Will, the decedent can name the beneficiaries whom the decedent wants to receive the decedent’s probate assets.
Florida law provides strict requirements as to how the Florida Will must be executed to have validity at your death. A Florida Will must be signed by you at the end of the document, in front two attesting witnesses, who must sign or acknowledge that you signed the last will and testament.
Creating a last will and testament requires you to (1) select your personal representative, (2) identify your heirs, (3) name a guardian for your minor children, and (4) formally execute the will document. The requirements for a will in Florida are strictly enforced.
LawInfo provides free Florida wills legal information. Learn more about Basic Requirements for a Last Will and Testament in Florida.