Home - Free Info - Practice Areas - What Are the Requirements for a Will to Be Valid in Florida?

While both In Florida, creating a last will and testament is essential to ensure your assets are distributed according to your wishes. However, a will must meet specific legal requirements to be valid. Understanding these requirements can help avoid unnecessary delays or disputes during probate. Below are the key elements needed for a valid Florida will.

If you have any questions or want to start drafting your will, Clause Law Group is here to assist with every step of the process.

1. The Testator’s Legal Capacity

To make a valid will in Florida, the testator—the person creating the will—must be at least 18 years old. Additionally, the testator must be of sound mind, meaning they understand the nature of their assets, the purpose of the will, and the impact of their decisions.

2. The Will Must Be in Writing

Florida law requires that a will be in writing. While handwritten wills, also known as holographic wills, are permitted in some states, Florida does not recognize them unless they meet all other formal requirements. Typing your will ensures clarity and minimizes the risk of misunderstandings or legal challenges.

3. Proper Execution and Witnesses

To be valid, a will must be signed by the testator in the presence of at least two witnesses. These witnesses must also sign the will in the presence of the testator and each other. Florida law is strict on this point—wills that aren’t properly executed may be declared invalid.

4. No Need for Notarization, but It’s Recommended

While Florida doesn’t require a will to be notarized to be valid, having it notarized can make the probate process smoother. A notarized will is considered self-proving, which means the court doesn’t need to track down the witnesses during probate, saving time and reducing complications.

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Protect Your Legacy with Clause Law Group

At Clause Law Group, we help ensure that your will meets all of Florida’s legal requirements, so your estate can be handled as smoothly as possible. With decades of experience, we offer personalized estate planning services tailored to your needs. Contact us today at  (772) 341-5855 to start planning for your future and protecting your family’s peace of mind.