Florida Probate Process

Florida Estate Planning — Best Essential Guide (2026)

By Oleg Kachko · Updated June 11, 2026

✓ Verified June 2026

This guide covers Florida estate planning in plain English — the exact age, witness, and notarization rules, whether a handwritten will is valid, and how to make your will self-proving. All figures are from Florida law, verified as of June 2026.

Florida Will Requirements at a Glance

Here are the exact rules for making a valid will in Florida:

Minimum age to make a will 18 (F.S. § 732.501 — any person 18 or older, or an emancipated minor, who is of sound mind may make a will)
Witnesses required 2 (F.S. § 732.502 — the testator must sign at the end of the will in the presence of two attesting witnesses, and the witnesses must sign in the presence of the testator and each other, all during the same occasion)
Notarization required NO — notarization is not required for a Florida will to be legally valid; however, notarization is required to make the will “self-proving” under F.S. § 732.503, which allows the will to be admitted to probate without requiring witnesses to appear in court
Handwritten (holographic) will allowed NO — Florida does not recognize holographic (handwritten, unwitnessed) wills; a will must be in writing, signed by the testator, and attested by two witnesses to be valid under F.S. § 732.502; however, a holographic will validly executed in another state that recognizes them may be admitted in Florida under F.S. § 732.502(2)
Self-proving affidavit available YES — under F.S. § 732.503, the testator and both witnesses sign a sworn affidavit before a notary public confirming the testator signed willingly, appeared of sound mind, and the witnesses signed in each other’s presence; this affidavit may be executed at the same time as the will or at a later date; a self-proving will may be admitted to probate without requiring witness testimony in court
Statutory will form NO — Florida does not offer an official statutory fill-in-the-blank will form; the state prescribes execution formalities but not a standardized document template; F.S. § 732.503 does provide specific statutory language for the self-proving affidavit

What a Florida Will Does (and Doesn’t Do)

A Florida will may name a personal representative (executor) to manage the estate through probate, name a guardian for minor children, direct how probate assets are distributed to beneficiaries, create testamentary trusts, make specific bequests of personal property, and specify wishes for remains and funeral arrangements

What a Florida will does NOT control: A Florida will does not control assets with named beneficiaries (life insurance, retirement accounts, payable-on-death bank accounts), property held in joint tenancy with right of survivorship, assets held in a living trust,

or Florida homestead property if the owner is survived by a spouse or minor child (F.S. § 732.4015 restricts devise of homestead — if survived by a spouse but no minor children, homestead may only be devised to the spouse; if survived by minor children, homestead cannot be devised at all)

Oral wills in Florida: NO — Florida does not recognize oral (nuncupative) wills under any circumstances; all wills must be in writing under F.S. § 732.502

How to Update or Revoke a Florida Will

A Florida will may be amended by executing a codicil, which must meet the same formalities as a will (in writing, signed by the testator, attested by two witnesses); a will may be revoked by a subsequent will or codicil that expressly revokes it or is inconsistent with it (F.S. § 732.505), or by the testator burning, tearing, canceling, defacing, obliterating,

or destroying the will with intent to revoke (F.S. § 732.506); partial revocation by physical act is not permitted — partial changes require a subsequent writing

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Other Florida will-making rules: Florida has several unique will-making rules: (1) Electronic wills are valid under the Florida Electronic Wills Act (F.S. §§ 732.521–732.526, effective January 1, 2020) — an electronic will must be signed with the testator’s electronic signature and witnessed by two attesting witnesses; remote witnessing via audio-video communication is permitted if supervised by an online notary public;

a qualified custodian with a physical Florida office must be designated to maintain secure storage of the electronic will; (2) Homestead devise restrictions (F.S. § 732.4015) — if the homestead owner is survived by a spouse or minor child, the homestead property cannot be freely devised by will; if survived by a spouse but no minor children, the homestead may be devised only to the spouse;

if survived by minor children, the homestead cannot be devised at all and instead the surviving spouse receives a life estate with the remainder passing to descendants per stirpes; (3) The custodian of a will must deposit it with the clerk of court within 10 days of learning of the testator’s death (F.S. § 732.901);

(4) A will validly executed under the law of another state or country where it was executed, or where the testator was domiciled, is recognized as valid in Florida (F.S. § 732.502(2))

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Understanding Florida Estate Planning

Getting started with Florida estate planning is the single best gift you can give your family. A valid Florida will lets you decide who inherits, name an executor, and name a guardian for your children — instead of leaving it to a default state formula.

When people look into Florida estate planning, the real answer comes down to the state’s execution rules: your age, the number of witnesses, and whether you make it self-proving. If any part of Florida estate planning is unclear, your state court’s self-help center can point you to the official forms and resources.

Official Florida Sources & Resources

This Florida will guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Florida Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.