According to a 2024 survey by AARP, nearly half of adults over the age of 50 do not have a will. When you are ready to draft one, using a pen and paper might seem like a cost-effective option.
In Florida, handwriting a will without witnesses renders it invalid.
Florida rejects unwitnessed handwritten wills
A “holographic will” is a will written entirely in the testator’s handwriting and signed without witnesses. While some states accept these documents, Florida does not.
Florida Statute 732.502 sets the requirements for executing a will. The law states that every will must be in writing and signed at the end. It also mandates specific witnessing procedures. If your handwritten document lacks these formalities, the probate court will treat your estate as if you died “intestate” (without a will). This means state laws, rather than your own wishes, determine who receives your property.
Strict witness requirements
To create a valid will in Florida, you must follow specific steps during the signing ceremony. You cannot ask a neighbor to sign the document later.
- You must sign the will at the end of the document (or direct someone to sign it for you in your presence).
- You must sign, or acknowledge that you have previously signed, in the presence of at least two attesting witnesses.
- Those two witnesses must sign the will in your presence and in the presence of each other.
If you sign the document alone and then ask two friends to sign it separately later without acknowledging your signature to them together, the will fails. The “presence” requirement is strict.
The risk of online templates
You might try to avoid the handwritten rule by using an online form. While these are typed, they often miss Florida-specific rules. For example, many online forms lack a “self-proving affidavit.” This affidavit allows the court to accept the will without finding the witnesses after your death. Without it, your family must locate the witnesses years later to prove the will is valid, which delays the probate process and increases costs.
Valid wills require specific formatting. If you want your instructions followed, you must check that the document follows state statutes.