A will is the foundation of most Florida estate plans, yet many residents don’t fully understand how it works or how it affects the probate process. Without a valid will, your assets may be distributed according to state law not your wishes.
This guide covers Florida’s legal requirements for wills, what makes a will self-proving, and how your will interacts with probate, trusts, and overall asset protection strategy.
What Makes a Will Valid in Florida?
- Written Format – Oral or handwritten wills are not valid under Florida law
- Signed by the Testator – The person making the will must sign it or direct someone to sign it in their presence
- Two Witnesses – Both must be present when the testator signs, and they must sign in each other’s presence
- Mental Capacity – The testator must be of sound mind at the time of signing
Florida does not recognize handwritten wills (also called holographic wills), even if legally valid in another state.
The primary purpose of a will in Florida is to give you control over how your assets are distributed after your death. A will allows you to name beneficiaries for your property, appoint a personal representative to manage your estate, and designate guardians for minor children. Without a will, Florida’s intestate laws determine who inherits your estate, which may not align with your wishes. Having a valid will ensures your legacy is honored and your loved ones are protected.
A will provides clarity and direction, helping to reduce conflict among family members and simplifying the probate process. It ensures that your intentions are legally documented and can be followed by the court. In addition to naming heirs, a will can also include specific instructions for personal belongings, charitable donations, and final wishes. Consulting a Florida estate planning attorney helps you draft a legally sound will that reflects your unique goals and complies with state laws.
What Is a Self-Proving Will?
A self-proving will includes a notarized affidavit signed by the testator and witnesses. This document confirms that the will was executed properly under Florida law, so the witnesses don’t have to appear in court during probate.
- ✓ Speeds up probate
- ✓ Reduces court challenges
- ✓ Ensures smoother estate administration
How Wills Connect to the Probate Process
Even with a valid will, your estate must go through probate unless all assets are held in trusts, joint accounts, or have designated beneficiaries. The will guides the court — but probate is still required to formally transfer ownership.
- Formal Administration – Used for larger estates; involves court supervision
- Summary Administration – A faster option for smaller estates under $75,000 (or no debt + death over 2 years ago)
- Disposition Without Administration – For very limited assets like final medical bills or personal items
Having a self-proving will makes probate more efficient, but planning with both a will and trust may help your family avoid probate altogether.
Wills vs. Trusts in Florida
Wills and trusts often work together not in competition. While a will directs where assets go after death, a trust can manage and distribute assets during your lifetime and beyond, without court involvement.
- Wills – Go through probate, public record, but simple to create
- Revocable Living Trusts – Avoid probate, remain private, and can include detailed conditions
- Pour-Over Wills – Used alongside a trust to capture any forgotten assets
Why a Personalized Will Matters
Generic online wills or one-size-fits-all templates can lead to major legal problems. Florida probate courts are strict, and improperly drafted wills may be partially or completely invalidated.
- ✅ You stay in control of who receives what
- ✅ Avoid family disputes with clear, enforceable terms
- ✅ Protect minor children with named guardians
- ✅ Coordinate with trusts to reduce taxes and delays
“A properly drafted will isn’t just a document. It’s your voice, your wishes, and your protection when you’re no longer here to explain.”
Explore Related Topics
Want to see how your will fits into a broader estate strategy? Explore our pages on the Florida probate process, living trusts, and essential planning documents.
Whether you’re drafting a will for the first time or updating one after major life changes, getting it right protects your legacy and ensures your family is taken care of the way you intended.
Understanding Wills in Florida: Common Questions Answered
A valid Florida will must be in writing, signed by the testator, and witnessed by two competent adults who are present at the same time. The testator must also be of sound mind. Florida does not recognize handwritten or oral wills, even if they’re valid in another state.
No. A will guides the probate process but does not bypass it. The estate still goes through probate unless assets are held in a trust, joint account, or have named beneficiaries. However, a self-proving will makes the probate process faster and more efficient.
Generic forms often fail to meet Florida’s legal requirements. They may be missing witnesses, improperly signed, or not tailored to your specific situation — all of which can lead to court challenges or invalidation.
A self-proving will includes a notarized affidavit signed by the testator and witnesses, verifying that the will was properly executed. This eliminates the need to locate witnesses during probate and speeds up court proceedings.
A will takes effect after death and must go through probate. A trust can manage and distribute assets during your lifetime and after death, often without court involvement. Many estate plans use both including a pour-over will to catch any assets not titled in the trust.
A personalized will ensures your assets go to the right people, avoids disputes, protects minor children with guardianship provisions, and coordinates with trusts for tax and probate efficiency. An attorney ensures it complies fully with Florida law.