You can legally write your own will in Florida without a lawyer as long as you meet the state's requirements: you must be 18 or older and of sound mind, the will must be in writing, and you must sign it in front of two witnesses who also sign in your presence. This guide covers what to include and the rules specific to Florida, including homestead property.
Florida has one of the largest populations of retirees in the country, and a large share of older residents already have a will in place. Fewer younger Florida residents have taken that step. Whether you are early in life or later, an online will lets you meet Florida's legal requirements without waiting on a law office. FastWill can help you build a state-compliant DIY will package in about an hour.
Why You Need a Florida Will
A will is a legal document that states how your assets pass to your beneficiaries when you die. Making one in Florida matters for a few specific reasons:
- Control over asset distribution. Without a will, Florida's intestacy statutes decide who inherits, and that plan will not always match your wishes.
- Guardian designation. If you have children under 18, a will lets you name who cares for them.
- Fewer family disputes. A clearly drafted will reduces the chances of conflict among your heirs.
What to Include in a Florida Will
- Identification: Your full legal name and address as the testator.
- Personal representative: The person responsible for administering your estate. This can be a family member, friend, or professional such as a CPA or attorney.
- Beneficiaries: Full names, relationships, and the share each person or organization receives. You can name individuals, a charity, or a business as a beneficiary.
- Asset distribution: Clear, specific instructions to avoid ambiguity.
- Guardianship: Who cares for your minor children if both parents are unavailable.
- Digital assets: Instructions for online accounts, social media, and cryptocurrency.
Signature and Witness Requirements
Florida Statute section 732.502 requires the testator to sign the will, or have someone sign for them in their presence and at their direction, and requires two witnesses to sign in the presence of the testator and each other. Florida does not disqualify a beneficiary from serving as a witness, but using disinterested witnesses is still the more cautious choice if you want to avoid any question about influence.
Notarizing your will is not required in Florida, but doing so under section 732.503 makes it self-proving, which means your witnesses will not need to appear in probate court to confirm they watched you sign.
Florida Property Exempt From Creditors
Not every asset in your estate can be sold to satisfy creditors. Florida Statute section 732.402 exempts certain property, including:
- Household furniture, furnishings, and appliances in your home up to a set value as of your date of death
- Up to two motor vehicles regularly used by you or your immediate family
- Qualified tuition programs, including Florida Prepaid College accounts
- Certain state benefits paid under Florida law
Florida Homestead Property and Your Will
Florida's homestead protections are unusual compared to most states. Your primary residence generally cannot be sold to satisfy most creditors, and if you leave it to your spouse or minor children, that protection typically carries forward. Homestead property also has size and residency requirements: it must be your primary residence, and in urban areas the exemption generally applies up to a half-acre lot.
These protections come with a limit on your freedom to leave the home to whoever you choose. If you are married or have minor children, Florida law generally requires that your homestead pass to your spouse or children rather than to an outside beneficiary, no matter what your will says. Review the full rules in our Florida homestead law guide before you finalize your DIY will.
Frequently Asked Questions
Is a DIY will legally valid in Florida?
Yes, as long as it meets Florida's execution requirements: you must be 18 or older and of sound mind, the will must be in writing, and you must sign in front of two witnesses who also sign in your presence.
Can I leave my house to anyone I want in a Florida will?
Not always. If your home qualifies as homestead property and you have a spouse or minor children, Florida law restricts who can inherit it, regardless of your will's instructions.
Do I need to notarize my DIY will?
Notarization is optional but recommended. It makes your will self-proving, which speeds up probate for your family.
What assets are protected from creditors in Florida?
Certain household furnishings, up to two vehicles for family use, and qualified tuition accounts are exempt from most creditor claims under Florida Statute 732.402.
Should I hire a lawyer instead of writing my own will?
Most straightforward estates do not require an attorney to create a valid will. Complex situations, such as blended families, business ownership, or significant homestead questions, are good reasons to get professional input alongside a DIY platform.
Storing and Updating Your DIY Will
A signed will only helps your family if they can find it. Store your original in a fireproof, waterproof location, and skip a bank safe deposit box, since those can be difficult for your personal representative to access quickly after your death. Make at least one copy, and tell your personal representative and one other trusted person exactly where the original is kept.
Treat your DIY will as a living document rather than a one-time task. Revisit it after a marriage, divorce, birth or adoption, move to a new home, or a significant change in what you own. If you relocate out of Florida, review whether your will still meets the new state's execution requirements, since witness and notarization rules vary from state to state.
Florida Offers Unique Benefits to Those Who Make a Will
Making a will in Florida protects your loved ones and ensures your assets go where you intend, especially once you understand how homestead protection interacts with your estate. FastWill's will package is built around Florida's specific rules so you do not have to research the statutes yourself. For the full range of documents Florida residents typically need, see our Florida estate planning guide.
