The Florida Will Guide That Won’t Make You Want to Move to Another State

Here’s something that might surprise you: Florida has some of the most modern will laws in the country. While other states are stuck in the paper-and-ink era, Florida embraced digital wills in 2020.

Here’s what won’t surprise you: if you don’t create a will, Florida decides who gets your stuff. And let’s be honest—politicians don’t know that you wanted your fishing boat to go to your best friend, not your sister who gets seasick in a bathtub.

Creating a will puts you back in control. It’s your chance to make sure your wishes are followed, instead of leaving your family to figure it out in court.

Florida Will Laws (The Stuff You Actually Need to Know)

Florida’s will rules come from Florida Statutes § 732.502. What matters is this:

Florida recognizes both traditional paper wills and fully electronic wills
The electronic will law passed in 2018 and took effect in 2020, putting Florida ahead of most of the country

What This Will Actually Cost You

Here’s the financial reality:

Traditional attorney: $200 to $1,000+ (can reach several thousand for complex estates)
Online platforms: Around $200 for full-service packages
DIY route: Cheap now, but risky if done incorrectly

Unless you have complicated business assets or family dynamics, you probably don’t need to pay high lawyer fees.

Create your Florida Online Will Now!

Florida’s Will Requirements (The Make-or-Break Rules)

Your will is legally worthless if it doesn’t meet these standards:

Basic Requirements

✅ Must be written (digital allowed for electronic wills)
✅ You must be 18+ or legally emancipated
✅ You must be mentally competent
✅ Must be signed at the end of the document
✅ Two witnesses must sign in your presence

Electronic Will Extras

✅ Must be signed before a notary
✅ Must be stored by a “qualified custodian” (Florida resident or business)
✅ Notary session must be recorded
✅ Digital record must be kept securely

Can You Write Your Own Will? (Yes, With a Big Caveat)

Florida lets you create your own will without a lawyer. But here’s the critical detail:

Florida does NOT accept handwritten wills.

That napkin will? It won’t hold up.

Your will must follow proper witnessing and signing rules. If you’re going DIY, use a reliable online platform that’s built for Florida law.

Do You Need a Lawyer? (Usually Not)

Lawyers aren’t required in Florida, but you might want one if:

Your estate includes business interests
You want to minimize estate taxes
You have family conflict or disinheritance plans
You need special trusts or complex documents

Most people can create a fully valid Florida will online and save thousands.

Step-by-Step Florida Will Creation

Here’s how to get it done the right way:

Choose a trusted online platform
Draft your will using guided questions
Review carefully for accuracy
Sign at the end in front of two witnesses
Have both witnesses sign in your presence
Add notarization
- Optional for paper wills
- Required for electronic wills
Store securely (qualified custodian required for e-wills)

Notarization: When You Need It vs. When You Want It

For Paper Wills

Notarization is optional
Recommended because it makes the will self-proving (no need to find witnesses later)

For Electronic Wills

Notarization is mandatory
Must be recorded
Must use a qualified custodian for storage

Who Can Witness Your Florida Will?

Witnesses must be:

✅ Competent adults
✅ Present during signing
✅ Able to sign immediately after you

Avoid using beneficiaries as witnesses. It won’t void the will, but it opens the door to legal challenges.

Ideal witnesses: Friends, coworkers, or neighbors who are neutral parties.

What Goes in Your Florida Will

A solid Florida will should include:

Who gets your assets
A guardian for minor children
An executor to manage your estate
Your final arrangements (burial, cremation, etc.)
Specific gifts to people or organizations
Pet care instructions
Optional personal messages to loved ones

Special Florida Considerations

Florida has some unique legal elements to keep in mind:

Homestead Property Protections – Primary residence protections for surviving spouses
Spousal Elective Share – You can’t completely cut out your spouse without legal strategy
Disinheriting Children – You must use clear legal language; omission alone isn’t enough

Electronic vs. Traditional Wills (Your Choice)

Florida supports both options:

Traditional Wills

Create online
Print and sign on paper
Easier process
Optional notarization

Electronic Wills

100% digital
Require notarization
Must use qualified custodian
More secure, but more regulated

Common Florida Will Mistakes to Avoid

Signature Problems

❌ Not signing at the end of the will
❌ Signing without proper witness presence
❌ Using beneficiaries as witnesses

Storage Mistakes

❌ Not using a qualified custodian for e-wills
❌ Poor storage for paper wills
❌ Family can’t locate the will

Content & Legal Errors

❌ Vague or contradictory instructions
❌ Not updating after life changes
❌ Missing executor or guardian appointments
❌ Ignoring Florida-specific protections for spouses and homesteads

The Florida Advantage

Florida makes will creation easier by:

Allowing fully electronic wills
Enabling remote notarization
Offering self-proving status
Not requiring complex legal language

Why Florida Got This Right

While most states cling to outdated paper rules, Florida modernized. It recognized the need for digital options and gave families a practical, secure way to plan their estates.

Take Action Today

Every day without a will is a day your family’s future depends on Florida’s default laws instead of your wishes.

Don’t be the person whose family has to guess what you wanted. Florida makes this easy—take advantage of it.

Get Started Now

Whether you choose traditional or electronic, the key is following Florida’s requirements exactly. Take 30 minutes to protect the people you care about most.