How to Create a Will in Florida: A Step-by-Step Guide

To create a valid will in Florida, you must be at least 18 years old or an emancipated minor and have a sound mind. Your will must be in writing, signed at the end, and witnessed by at least two people who sign in your presence and each other’s presence. Following Florida law can help protect your wishes and give your family clear instructions for the future.

Why Every Florida Adult Needs a Will

Without a will, Florida law decides what happens to your assets when you die — and the results may not reflect your wishes. Your property could go to distant relatives, your chosen guardian for minor children may not be honored, and your loved ones will almost certainly face a longer, more expensive probate process. A valid will puts you in control.

Florida’s Legal Requirements for a Valid Will

Under Florida Statute §732.502, a will must meet specific requirements to be legally enforceable:

  • You must be at least 18 years old (or a legally emancipated minor)
  • You must be of sound mind — meaning you understand what you own, who your family members are, and what it means to make a will
  • The will must be in writing — handwritten or typed, but not verbal
  • You must sign the will in the presence of two witnesses
  • Two witnesses must sign the will in your presence and in each other’s presence
  • Notarization is optional but recommended — a self-proving affidavit simplifies the probate process later

Note: Florida does not recognize handwritten (holographic) wills as valid if they lack witnesses. If you’ve created one without two witnesses, it may not be enforceable.

What Should Your Will Include?

A well-drafted will typically covers who inherits your assets (your beneficiaries), who serves as personal representative (executor) of your estate, who will serve as guardian for any minor children, specific bequests for sentimental or valuable items, and instructions for paying debts and expenses.

What Happens If You Die Without a Will in Florida?

If you die intestate (without a valid will), Florida’s intestacy laws determine how your estate is distributed. A surviving spouse may not inherit everything if you have children from a prior relationship. The court appoints an administrator you may not have chosen. Minor children may require court oversight of their inheritance until they turn 18.

Do I Need an Attorney to Make a Will in Florida?

Florida law doesn’t require an attorney to draft a will, but working with one is strongly recommended. Online templates often miss Florida-specific requirements. A single drafting error can render your will invalid. An wills attorney ensures your wishes are clearly expressed and legally protected. At Nemia L. Schulte Attorney at Law, we guide Broward County families through the estate planning process with compassion and clarity.