Florida estate planning centers on three documents: a will naming an executor and, if needed, a guardian for minor children; a living will stating your medical wishes; and, for many families, a trust that keeps assets out of probate. Florida law sets specific rules for each, and getting them wrong can invalidate a document.
You do not need a lawyer to meet these requirements. You can build a Florida-compliant will online with FastWill in the time it takes to answer a short set of questions, and this guide walks through exactly what the law requires along the way. For a broader overview, see our Florida estate planning hub.
Florida Will Requirements
Florida law on wills is found in Florida Statute 732.502. To make a valid will in Florida:
- The person making the will, called the testator, must sign it at the end, or direct someone else to sign on their behalf in their presence.
- Two witnesses must be present when the testator signs or acknowledges the will.
- The witnesses must sign the will in the presence of the testator and in the presence of each other.
Florida does not require the testator to be a specific age under this statute, but general contract law and long-standing probate practice require the testator to be an adult of sound mind, so most people should treat 18 as the practical minimum unless they qualify for a specific exception, such as being married or in the military.
Self-Proving Wills in Florida
You do not have to notarize a will in Florida for a court to accept it. But notarizing it turns it into a self-proving will under Florida Statute 732.503. With a self-proving will, the testator and witnesses sign an affidavit before a notary confirming their identities and that they knowingly signed the will. This means the court can accept the will without tracking down witnesses to testify, which speeds up probate. FastWill can connect you with a remote online notary so you can complete this step without leaving home.
Probate in Florida
Probate is the court-supervised process for validating a will (or, if there is no will, distributing an estate under Florida's intestacy rules), paying debts, and transferring what remains to heirs. Florida's probate rules live in Chapters 731 through 735 of the Florida Probate Code, and the process generally follows these steps:
- A petition is filed in the county where the deceased person lived.
- The court appoints a personal representative, usually the executor named in the will.
- The personal representative inventories and, if necessary, appraises the estate's assets.
- Creditors are notified and given a window to file claims.
- Valid debts, taxes, and administration costs are paid from the estate.
- Remaining assets are distributed to beneficiaries.
- The personal representative files a final accounting, and the court closes the estate.
Not everything goes through this process. Assets held in a properly funded trust, accounts with a named beneficiary such as life insurance or retirement accounts, and property owned jointly with rights of survivorship typically pass outside of probate. For a broader walkthrough of how the process works statewide, see our guide to how probate works.
Summary Administration for Small Florida Estates
Florida offers a simplified probate track called summary administration. Under Florida Statute 735.201, an estate qualifies if the value of the assets subject to administration, not counting property exempt from creditor claims, does not exceed 75,000 dollars, or if the decedent has been dead for more than two years. Summary administration skips the appointment of a personal representative and moves much faster than formal probate, which matters if the estate is straightforward and there is no dispute among heirs.
Florida's Homestead Rules Affect Your Will
One quirk that surprises a lot of Florida residents: you cannot always leave your homestead property to whomever you want in your will. Under Florida law, if you are survived by a spouse or minor children, restrictions on devising the homestead apply, and in many cases the surviving spouse receives either full ownership or a life estate rather than whoever is named in the will. If minor children survive you, the homestead generally cannot be devised away from them at all. This is one of the more commonly misunderstood areas of Florida estate planning, so if you own a home and have a spouse or minor children, confirm how the homestead rules apply to your specific situation before you finalize your will.
Florida Living Wills and Advance Directives
A living will is a type of advance directive, a legal document that states your health care wishes if you become unable to communicate them yourself. Florida's advance directive statutes require that a living will be signed by the person making it (the principal) in the presence of two witnesses, at least one of whom is not a spouse or blood relative. If you cannot physically sign, a witness can sign on your behalf at your direction. Once properly executed, the document establishes a strong legal presumption of your wishes regarding life-prolonging treatment. See our guide to advance directives and living wills for more detail on how this document fits into a full estate plan.
How FastWill Handles Florida Estate Planning
FastWill builds your documents to match Florida's specific signing and witnessing rules automatically, so you are not left guessing whether your will meets the state's formalities. You can create a will, a living will, and related documents in one place, and pair them with a trust if your situation calls for one.
Common Mistakes in Florida Estate Planning
- Assuming an unnotarized will is invalid. It is still valid in Florida, but not self-proving, which can slow probate down.
- Not accounting for homestead rules when a spouse or minor children survive you.
- Skipping a living will and assuming a regular will covers medical decisions. It does not.
Frequently Asked Questions
Do I need a lawyer to make a will in Florida?
No. Florida law does not require an attorney to draft or execute a will. You do need to meet the signing and witnessing requirements in Florida Statute 732.502, which FastWill's online process is built to follow.
Is a handwritten will legal in Florida?
Florida does not recognize purely handwritten (holographic) wills unless they otherwise meet all the standard formalities, including two witnesses. A will that is entirely in your own handwriting but unwitnessed generally will not hold up in a Florida probate court.
What happens if I die without a will in Florida?
Your estate passes under Florida's intestacy statutes, generally to your spouse and children in shares set by law, then to more distant relatives if none survive you. The state does not take your property unless no legal heirs can be found at all.
How much does probate cost in Florida?
Costs vary by estate size and complexity and typically include court filing fees, personal representative compensation, and any attorney fees if one is hired. Summary administration for smaller estates is generally faster and less costly than formal administration.
Can I avoid probate in Florida entirely?
You can reduce what goes through probate by using a funded revocable trust, beneficiary designations on accounts and life insurance, and joint ownership with rights of survivorship, but a will is still important to cover anything left outside those arrangements.
Whether you need a simple will, a living will, or a full plan with a trust, FastWill builds documents that follow Florida's specific rules. See FastWill's plans and pricing and get your Florida estate plan in place today.
