What Are the Three Basic Requirements of a Valid Will in Florida?
If you’re preparing a will in Florida, one of the most important things to understand is what makes a will legally valid. This makes or breaks whether a will actually goes into effect, or is declared useless.
Florida has very specific laws about the creation and execution of wills, and if those requirements aren’t followed, the document may be rejected by the court. This can lead to probate delays, confusion between family members and the courts, disputes, and outcomes that don’t reflect the person’s true wishes.
Florida requires three core things for a will to be valid—
The testator (person who made their will) must be at least 18 and of sound mind.
The will must be in writing.
The will must be signed by the testator and two witnesses.
These three requirements form the foundation of Florida’s will laws. Everything else—such as choosing an executor, naming beneficiaries, or explaining how property is divided—comes after these basic legal rules are met. Without these essentials, a will may not hold up in court, no matter what the person intended.
Requirement 1: The Testator Must Be at Least 18 and of Sound Mind
Florida law states that anyone creating a will (called the testator) must:
Be 18 years or older, or
Be a legally independent minor,
And be of sound mind at the time the will is signed.
Being “of sound mind” doesn’t mean perfect health or total clarity at all times. It simply means the person understands:
The nature and purpose of the will.
What property they own.
Who their natural heirs are (such as spouses, children, or close family).
How the will distributes their property.
In other words, the person must be capable of making intentional decisions. This requirement exists purely to prevent fraud, exploitation, or pressure on someone who doesn’t fully understand what they’re signing.
Questions about capacity often arise when someone is elderly or ill, but Florida law focuses on the person’s mental state at the time of signing. If they understood what they were doing during that moment—even if their health fluctuates otherwise—the will is still valid.
Requirement 2: The Will Must Be in Writing
Florida does not recognize oral wills (spoken instructions) or video wills. There a lot of misconceptions circling about this, but it’s plain and simple: no spoken or recorded wills. This is true even if the person clearly states their wishes on camera or in front of witnesses.
A valid Florida will must be written, either:
Typed and printed, or
Handwritten (as long as the rest of Florida’s requirements are met).
Important note: Florida does not recognize holographic wills, which are handwritten wills that are not properly witnessed. Even if the handwriting is clearly the testator’s, a will without witnesses is not valid in Florida courts.
The writing requirement ensures clarity, reduces misunderstandings, and provides a permanent record of a person's wishes. It also helps avoid disputes over what the person meant or intended.
Requirement 3: The Will Must Be Properly Signed With Two Witnesses
This is the requirement where most invalid wills fail. For a will to be recognized in Florida, it must meet these strict signing rules:
The testator must sign at the end of the document.
Two witnesses must be present at the same time when the testator signs.
Each witness must also sign the will, in the presence of both the testator and the other witness.
Florida courts require all three people—the testator and the two witnesses—to participate in the signing process together. Signing separately, signing later, or mailing the document around for signatures will not satisfy the legal standard.
Witnesses can be beneficiaries, but it’s generally recommended to choose witnesses who are not receiving anything under the will. This avoids potential conflicts or accusations that the beneficiary influenced the testator.
Optional but Helpful: A Self-Proving Affidavit
Although not one of the three legal requirements, many wills in Florida include a self-proving affidavit. This is a notarized statement that the testator and witnesses sign at the same time as the will.
A self-proving affidavit makes the probate process faster and easier because it eliminates the court’s need to locate witnesses later to confirm the will’s authenticity.
In other words, it doesn’t make the will valid, but it makes it easier to prove valid.
Why These Requirements Matter
Florida’s strict requirements protect the ethics of the estate planning process. A will controls:
Who inherits property
Who takes care of minor children
Who manages the estate during probate
How final wishes are carried out
Because the stakes are high, Florida law aims to prevent fraud, pressure, and confusion by requiring clarity, witnesses, and evidence that the testator knew exactly what they were doing.
Failing to follow even one requirement can lead to:
A will being rejected altogether
The court's laws for when a person dies without a will take over
Family disputes or litigation
Delays in probate
Loss of control over how assets are distributed
How Florida Treats Invalid or Partially Invalid Wills
If a will does not meet the three basic requirements, Florida courts typically declare it invalid. This means the estate will be distributed according to Florida’s intestacy (the state of dying without a will) laws—rules that default to the closest family members.
In some cases, a will may be partially valid if only certain provisions violate Florida law. When possible, courts try to honor the testator’s intent, but they cannot overlook the basic legal requirements.
Move Forward In Creating Your Will
Meeting Florida’s basic will requirements gives the document strength and credibility in court, but it’s also about confidence for the person making the will. Knowing these rules helps prevent trouble amongst heirs. Taking the time to follow the legal steps ensures that your wishes are respected and your loved ones are taken care of exactly as you intend. If you have further questions, feel free to contact us for more information.