How to Make a Will in Florida: Signing Rules, Homestead and More
You want to make sure your family is taken care of, so you are learning how to make a will in Florida. That is a smart step. Florida also has rules that surprise people, especially around handwritten wills and the family home.
A document that seems fine can fail when it matters most. This post explains the main Florida rules for wills and trusts in plain language, so you can plan with more confidence. It is general legal information, not advice about your own estate plan.
Who can make a will in Florida?
Florida's rules on who can make a will start with testamentary capacity. The Florida Probate Code addresses capacity in § 732.501. Capacity is the legal starting point for a valid will.
Florida's wills and trusts rules come from both the Florida Probate Code and the Florida Trust Code. The guide explains how the two work together, including the homestead rules unique to Florida.
How to make a will in Florida that holds up
A Florida will must be signed in a certain way. The signing rules are strict, and a will that does not follow them may not work as intended. The guide explains how a Florida will must be signed.
Florida also allows a will to be self-proved under § 732.503. The guide explains the self-proving process and electronic wills, which are a newer option many people ask about.
Good planning also means keeping the will current. The guide explains how to change or revoke a will, so your plan can keep up with your life.
Testamentary capacity under § 732.501
Florida signing requirements
Self-proving under § 732.503
Electronic wills
Changing or revoking a will
Are handwritten wills valid in Florida?
This is one of the most common questions, and the answer surprises many people. Handwritten and oral wills fail in Florida. A handwritten document that seems clear may not be treated as a valid will.
The guide explains why handwritten and oral wills fail and what a Florida will must include to be signed properly. If you have an older handwritten document, it is worth understanding this rule now rather than later.
What should you gather before you make a will?
A will is easier to plan when you know what you own and who you want to provide for. Taking time to gather this information first leads to clearer decisions. It also makes any meeting with an attorney more productive.
Think about your family, your home and your other property. In Florida, the family home can raise special issues, so it deserves attention early. The guide explains the rules that tend to catch people off guard.
A list of your property, including your home
The people you want to provide for
Who you would trust to handle your estate
Any existing will or trust documents
Questions you want to ask an estate planning attorney
The Florida elective share and pretermitted heirs
Florida gives a surviving spouse a 30% elective share. This right can affect how an estate is divided, even if a will says something different. The guide explains how the elective share works alongside homestead rules.
Life changes can also affect a will. Florida has rules for pretermitted spouses and children, which address spouses and children who may not be provided for in a will. The guide explains how these rules work so your plan reflects your current family.
Reviewing your plan after major life events is a good habit. Marriage, the birth of a child and other changes are natural times to take another look.
How Florida homestead rules affect your plan
Florida homestead rules are unique, and they affect estate planning in several ways. The guide covers creditor protection, the tax exemption and limits on how homestead can be left to others. These limits catch many families by surprise.
The guide also covers exempt property and the family allowance. Understanding these rules helps you see how your plan may work in practice.
Every family is different. Talk to a licensed Florida estate planning attorney about your situation, and use the guide to make decisions with confidence before that meeting.
Homestead creditor protection
The homestead tax exemption
Limits on how homestead can be left to others
Exempt property and the family allowance
Frequently asked questions
What is the elective share in Florida?
Florida gives a surviving spouse a 30% elective share. It is a right that exists alongside the terms of a will. The guide explains how the elective share works and how it interacts with Florida's homestead rules, so you can understand how both may affect your estate plan and your family after you are gone.
Does Florida allow electronic wills?
Florida law addresses electronic wills, and the guide explains how they work. Many people are curious about signing a will electronically because it sounds more convenient. The guide covers electronic wills alongside the traditional signing rules and self-proving under § 732.503, so you can compare the options before you meet with an estate planning attorney.
What is a self-proving affidavit for a Florida will?
Florida allows a will to be self-proved under § 732.503. Self-proving is a step that is part of how a will is signed and documented. The guide explains what self-proving involves and how it fits with Florida's signing requirements, so you can understand why it is part of many Florida wills.
Get the full guide
Get Wills and Trusts in Florida from STACKED LEGAL to understand the rules that surprise people and plan with confidence. Available in paperback and eBook. Read Wills and Trusts in Florida.
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Legal information, not legal advice. Laws change, and every situation is different. For advice about your situation, talk to a licensed Florida attorney.
