Florida does not recognize handwritten wills drafted within the state. It does not recognize oral wills. It barely recognizes wills made out of state that don’t meet Florida’s execution requirements. A document that would be a valid will in almost any other state can fail completely when the testator moves to Florida. The family discovers this only after the death, when it is too late to fix.
Here’s what actually counts as a valid will in Florida, and what happens when the formalities aren’t met.
The four requirements
Florida Statutes section 732.502 requires that a valid will be:
- In writing. Oral (nuncupative) wills are not recognized regardless of how many witnesses heard them.
- Signed by the testator, or by another person at the testator’s direction and in the testator’s presence.
- Signed by two witnesses who were present when the testator signed (or when the testator acknowledged a prior signature).
- Signed by those witnesses in the presence of the testator and each other.
Every one of those clauses matters. A will signed at one kitchen table and later brought to witnesses at a different table is not valid. A will where the witnesses signed in the testator’s presence but not in each other’s presence is not valid. A will where the testator dictated the document to a family member but didn’t sign it is not valid.
Why handwritten (holographic) wills fail in Florida
Some states, including Texas, North Carolina, and Virginia, recognize a will that is entirely in the testator’s handwriting and signed by the testator, even without witnesses. This is called a holographic will.
Florida does not recognize holographic wills drafted within the state. A handwritten document without two witnesses who signed in the required ceremony is simply not a will under Florida law, no matter how clear the testator’s intent appears.
There is one narrow exception: a holographic will executed in another state according to that state’s laws, while the testator was a resident of that state, may be recognized in Florida under Florida Statutes section 732.502(2). This is a narrow carve-out, not a general permission.
The out-of-state will trap
A will validly executed in another state according to that state’s laws is generally honored in Florida, subject to some exceptions. But “generally honored” is not the same as “works exactly the way you expect.” The biggest issue is Florida’s homestead rules, which can override a will that attempts to devise the Florida home in a way Florida does not permit.
If you moved to Florida from another state, your existing will should be reviewed by a Florida attorney before you rely on it. This review is usually inexpensive and catches issues that would otherwise surface in probate.
What intestacy actually looks like
When a Florida resident dies without a valid will, the estate passes under Chapter 732, Florida’s intestate succession statutes. The formula depends on who survives the decedent:
- Spouse and no descendants, or spouse and shared descendants only: the entire intestate estate goes to the spouse.
- Spouse and one or more descendants from a prior relationship: the spouse takes half and the descendants take half per stirpes.
- No spouse, but descendants: the descendants take everything per stirpes.
- No spouse or descendants: parents, then siblings, then more distant relatives.
Guardianship of minor children, in the absence of a will nominating a guardian, is decided by the court based on the best interests of the child. The parents’ preferences carry weight only if they were documented somewhere, such as in a will, in a written guardian designation, or in other evidence the court finds credible.
The fix is cheaper than the problem
A properly drafted and executed Florida will is not expensive. The cost of a contested probate or a failed will is significantly higher, and the consequences fall on the family rather than on the person who wrote the document. If you are a Florida resident without a valid Florida will, the best time to fix it is this week.
