How to Make a Valid Will in Florida

Establishing a valid last will and testament does far more than distribute assets—it provides clarity, protects loved ones, and upholds personal wishes after death. In Florida, passing away without a will triggers intestate succession laws, which hand decision-making power to the courts. That means the state—not the individual—determines who receives what, often resulting in outcomes that ignore nuanced relationships or private intentions.

Florida’s legal framework for wills is detailed and specific, with sections of the Florida Probate Code (§732) outlining what makes a will valid, who qualifies as an executor, and how the probate court oversees the process. The probate system ensures asset transfers are lawful and debts are settled properly, but without a will guiding that process, beneficiaries may face lengthy delays, unexpected burdens, and avoidable disputes. Understanding how to meet Florida’s requirements for a valid will removes uncertainty—and limits the court’s control—during an already difficult time.

Legal Requirements for a Valid Will in Florida

Minimum Age and Eligibility to Make a Will in Florida

Florida law sets the minimum age at 18 years old for anyone who wants to create a legally binding will. However, individuals who are younger may still execute a will if they have been legally emancipated. This requirement comes directly from Florida Statutes § 732.501, clearly outlining who may create a will under state law.

The Requirement That the Person Be “of Sound Mind”

Being “of sound mind” means the person must possess testamentary capacity at the time of signing the will. In practical terms, the individual must understand three things:

• The nature and extent of their property
• The direct relatives or individuals who would logically inherit the estate
• The function and effect of creating a will

Florida courts uphold wills as long as there’s clear evidence that the testator met these standards at the time of execution—even if cognitive decline happened afterward. Testamentary capacity is evaluated based on mental clarity at the moment of signing, not before or after.

Written Format: Florida’s Stance on Written, Oral, and Holographic Wills

For a will to hold legal weight in Florida, it must be written and signed. Florida does not recognize oral wills (nuncupative wills), regardless of whether witnesses heard the individual express intentions about asset distribution.

Similarly, Florida also rejects holographic wills—even if the will is entirely handwritten and signed by the testator. Under Florida Statutes § 732.502(2), a holographic will must still meet all formal execution requirements under state law. Handwriting alone does not legitimize it.

To summarize: in Florida, a valid will must be typewritten, signed by the testator, and properly witnessed. Anything else will not withstand probate court scrutiny.

Understanding Testamentary Capacity in Florida Wills

What Is Testamentary Capacity Under Florida Law?

Testamentary capacity refers to a person’s legal and mental ability to create or amend a will. In Florida, this standard is clearly defined. According to Fla. Stat. § 732.501, any person who is at least 18 years old (or an emancipated minor) and of sound mind may make a will. The phrase “of sound mind” anchors the legal concept of testamentary capacity.

To meet this requirement, the testator must understand three core elements at the time of signing the will:

• The nature and extent of their assets.
• The natural objects of their bounty — typically family members or other close relations.
• The effect of signing a will — namely, that the document distributes their estate upon death.

This standard doesn’t demand perfect memory or mental clarity. A testator might have mild cognitive impairment or suffer from fluctuations in lucidity, and still possess testamentary capacity, as long as a lucid interval exists during the drafting and execution of the will.

How Florida Courts Assess Mental State for Testamentary Capacity

Florida probate courts evaluate testamentary capacity by looking at the testator’s mental state specifically at the time of the will’s execution. This snapshot is critical. Evidence from other dates won’t carry much weight unless it directly reflects the mental condition during the signing.

Judges rely on various types of evidence to make this determination, such as:

• Testimonies from witnesses present at the will signing.
• Statements from the drafting attorney.
• Medical records or evaluations near the date of execution.
• Expert psychiatric testimony, if available and relevant.

If the will-maker demonstrated coherent reasoning, understood their estate’s value, and made deliberate choices about beneficiaries, Florida courts will affirm the presence of testamentary capacity—even in the face of a diagnosed mental illness.

Common Challenges to Testamentary Capacity in Probate Proceedings

Contesting a Florida will based on lack of testamentary capacity is one of the more frequent causes of probate litigation. These claims often surface when a will provides unexpected distributions—like disinheriting children or favoring a new partner.

Challenges usually arise on two legal grounds:

• Lack of capacity: Alleging that the testator didn’t possess the mental clarity to understand their decisions at the time of signing.
• Undue influence: Claiming that a testator, though mentally capable, was coerced or manipulated into making certain provisions.

In Florida, the burden of proof lies with the individual contesting the will. Courts presume that every properly executed will was made by a person of sound mind, which means challengers must present clear and convincing evidence that the testator lacked capacity at the moment the will was executed.

Does a relative believe the testator was suffering from dementia? That’s not enough by itself. Was there a diagnosis of Alzheimer’s? The timing and severity of symptoms are critical. Florida courts differentiate between general mental decline and legal incapacity with precision and case-specific inquiry.

Witness and Notarization Rules for Wills in Florida

Number and Qualifications of Required Witnesses

Florida law mandates the presence of two witnesses for a will to be legally valid. Each witness must be a competent adult—meaning they must be at least 18 years old and capable of understanding the nature of witnessing a legal document.

There is no statutory requirement that witnesses be disinterested parties. In other words, someone who stands to inherit under the will may legally serve as a witness. However, doing so often invites challenges during probate, particularly if other interested parties question the will’s authenticity or allege undue influence. For this reason, most estate attorneys in Florida recommend selecting individuals who do not stand to benefit from the will.

In-Person Presence and Signature Protocol

Florida operates under a strict presence rule for will execution. The individual making the will, known legally as the testator, must sign the document in the conscious physical presence of the two witnesses. Likewise, each of those witnesses must sign in the physical presence of the testator and of each other. Virtual witnessing or witnessing via remote video technology is not allowed for traditional paper wills.

Sequence matters. The testator may sign first or last, but all three individuals—the testator and both witnesses—must be together and aware of the act of signing the will. Failure to follow this synchronized process will render the will invalid under Florida Statutes § 732.502.

Is Notarization Required? When It Helps and When It Doesn’t

Notarization is not required for a will to be legally valid in Florida. A will without notarization remains enforceable, provided it meets all other execution requirements including proper witnessing.

However, notarization plays an essential role in another context—making the will self-proving. A self-proving will includes affidavits from the testator and the witnesses, signed in front of a notary public. This affidavit serves as automatic proof of the will’s authenticity, eliminating the need for witnesses to testify in probate court. While this doesn’t affect the will’s validity, it can significantly accelerate the probate process by removing potential administrative hurdles.

Without notarization, the probate court will still require witness testimony or sworn statements to validate the will—steps that can lead to delays and complications if the witnesses are deceased, unreachable, or unwilling to cooperate.

Self-Proving Affidavits: The Extra Step That Speeds Up Probate

What Is a Self-Proving Affidavit?

A self-proving affidavit is a notarized statement signed by the will’s witnesses. It confirms that the testator—person making the will—signed the document voluntarily and met the legal requirements under Florida law. Instead of relying on live court testimony, the affidavit allows the will to “prove itself” during probate by showing it was properly executed.

Florida Statutes §732.503 provides the precise language and format for a valid self-proving affidavit. It must be attached to—or made a part of—the will and executed at the same time as the will or after. The affidavit needs signatures from the testator, both witnesses, and a notary public authorized to administer oaths in Florida.

Benefits During the Florida Probate Process

Adding a self-proving affidavit to a Florida will eliminates the need for witnesses to appear in court after the testator’s death. This accelerates the probate process and reduces court involvement.

• Faster probate court approval: Courts accept the will immediately without verifying witness identities or searching for individuals who may have moved or passed away.
• Lower legal costs: Not needing to contact witnesses or schedule testimony cuts down on attorney fees and administrative expenses.
• Fewer complications: If a witness can’t be found or declines to testify, the will risks being contested. A self-proving affidavit removes this obstacle.

How to Execute It Correctly Under Florida Law

The self-proving affidavit must meet specific formatting and signing conditions set by Florida law. Incorrect execution can invalidate the affidavit, forcing the will through formal probate procedures.

Follow these steps to get it right:

• Use the statutory language from Florida Statutes §732.503—verbatim. Deviations may be rejected in court.
• Sign the affidavit at the same time as the will signing. If not done concurrently, the affidavit can still be added later, but the testator and both original witnesses must be present.
• Appear before a notary public who will administer the oath and notarize the document. A virtual notary may not be valid unless specific remote online notarization rules are followed under Chapter 117, Florida Statutes.

Once included, the self-proving affidavit removes the burden of proving the will’s authenticity later. That simple extra page can save months of delay and ease court proceedings for surviving family members.

Choosing an Executor (Personal Representative) Wisely

Who Can Serve as an Executor in Florida?

Florida law uses the term “personal representative” instead of “executor,” but the roles are identical. To serve, the person must be at least 18 years old and mentally competent. If not a Florida resident, the individual must be a relative by blood or marriage—such as a child, parent, sibling, or spouse of someone qualified. Banks and trust companies authorized to operate in Florida can also act as personal representatives.

Section 733.302 of the Florida Statutes outlines eligibility: any resident of Florida at the time of the decedent’s death, or a nonresident who is legally related to the decedent. An individual convicted of a felony cannot serve, regardless of relation or residency.

Duties and Legal Responsibilities of the Executor

The personal representative steps into a highly structured and regulated role. Their primary responsibility is to administer the estate efficiently, honestly, and in compliance with Florida probate law. Here’s what they must carry out:

• Identify, locate, and secure all estate assets.
• File the will with the appropriate probate court if not already done.
• Notify beneficiaries and potential creditors, satisfying all notice requirements per Florida Statute 733.2121.
• Pay valid debts, including final income taxes and estate taxes if applicable.
• Keep meticulous records and provide periodic accounting if required by beneficiaries or the court.
• Distribute remaining assets according to the will’s instructions.

Failure to perform these duties can result in personal liability. For example, mismanagement of estate assets or failure to pay taxes could expose the representative to lawsuits from heirs or penalties from the IRS.

Key Considerations When Selecting a Personal Representative

The wrong choice can delay probate, invite conflict, or devalue your estate. Consider the following before appointing someone:

• Trustworthiness: The person will manage money, property, and legal filings. Integrity can’t be optional.
• Organizational skills: Handling deadlines, court filings, creditor notices, and asset tracking isn’t a part-time task. Choose someone capable of managing the workload.
• Geographic proximity: Someone who lives in Florida can manage local tasks more efficiently—meeting with attorneys, visiting courthouses, and securing property.
• Willingness and availability: Don’t assume someone wants the role. Discuss it, and confirm they’re open to stepping in when needed.
• Neutrality in family dynamics: If disputes among heirs seem likely, appointing a less involved, impartial party such as a professional fiduciary can ease tension.

Florida law allows you to name backup representatives (known as successor personal representatives) in the event your first choice cannot or will not serve. Always name at least one alternative.

How to Revoke or Amend a Florida Will

When Life Changes, So Should Your Will

Life rarely stays the same, and neither should your estate plan. Several situations create a need to revisit your will. Have you gotten married, divorced, or had children or grandchildren? Did a beneficiary pass away, or has your relationship with them changed significantly? Perhaps you’ve acquired new assets or sold property specifically bequeathed in your current will. These events demand updates to ensure your will reflects your true and current intentions.

Three Legally Recognized Methods of Revocation

Florida law recognizes three methods to revoke a will under Florida Statutes § 732.505 and § 732.506:

• Physical Destruction: Burning, tearing, canceling, or obliterating the document with the intent to revoke it nullifies the will. This must be done by the testator or in their presence under their direction.
• Codicils: A codicil is a legally binding written amendment to a will. It modifies, explains, or adds to the provisions of an existing will without needing to draft a new one. However, the codicil must meet the same execution requirements as a will to be valid in Florida.
• Creating a New Will: Executing a new will explicitly stating that it revokes all prior wills and codicils is the most definitive method. Once validly executed, the newer instrument takes precedence and invalidates earlier versions.

Amendments Require the Same Formalities as an Original Will

Every modification—whether minor or major—requires adherence to the formal execution requirements set forth by Florida law. This means that to legally amend a will through a codicil, it must be:

• In writing
• Signed by the testator or at the testator’s direction
• Witnessed by two competent individuals signing in the testator’s presence and in each other’s presence

Oral declarations, casual notes on the document, or digital changes without accompanying formalities carry no legal weight. So, while updating your will is straightforward in theory, it must follow precise statutory requirements to ensure enforceability.

Which options suit your needs best? A full rewrite brings clarity and unity; a codicil allows for more targeted revisions. Scrutinize the content of your current will before choosing how to proceed. Ensure every change aligns with your intentions and complies with Florida law.

Marriage, Divorce, and Their Legal Effect on Your Will in Florida

Marriage After Executing a Will: What Changes Automatically

A marriage that occurs after a will is executed in Florida triggers significant legal consequences. If a person marries and dies without updating their will to include the new spouse, Florida Statute §732.301 mandates that the surviving spouse receives a portion of the decedent’s estate — regardless of whether they’re named in the will.

This provision protects what’s known as a “pretermitted spouse.” The law assumes that the omission was unintentional and grants the surviving spouse a share equal to that which they would have received under intestate succession — unless:

• The will states clearly that omission was intentional.
• A prenuptial or postnuptial agreement waives spousal rights.
• The will provides for the spouse in another way, such as through a trust or asset outside of probate.

This automatic entitlement can override the specific terms of a will if they do not account for a later marriage, forcing redistribution of assets to meet the statutory share.

Florida’s Elective Share Law: A Spouse’s Minimum Right

Florida law guarantees surviving spouses the right to claim an “elective share” of the deceased spouse’s estate, even if the will attempts to disinherit them. Under Florida Statute §732.201, a surviving spouse may choose to receive 30% of the “elective estate,” which is broader than the probate estate and can include:

• Probate assets
• Certain non-probate accounts
• Jointly held property
• Assets held in revocable trusts

The elective share exists specifically to ensure that surviving spouses are not left financially unsupported due to disinheritance or inadequate provisions in a will. This right must be claimed within the time limits prescribed by the court, generally within six months after receiving the notice of administration.

The Impact of Divorce: Automatic Revocation of Certain Will Provisions

A divorce in Florida has the reverse effect of marriage when it comes to wills. According to Florida Statute §732.507(2), any provision in a will that favors a former spouse — including nominations for personal representative or gifts of property — is automatically revoked once the marriage is dissolved.

Despite these automatic changes, the will remains in effect for other beneficiaries named in the document. If the will isn’t updated after the divorce, the ex-spouse is treated as though they died before the testator, and their share typically passes to the contingent beneficiaries.

No legal consequences follow a separation or pending divorce. The marital status must be legally terminated through a finalized divorce decree for these revocations to apply, making timing essential for those planning to amend their estate documents while divorce proceedings are underway.

Digital and Electronic Wills: Are They Valid in Florida?

New Legal Framework: Florida’s Recognition of Electronic Wills

Florida formally recognized electronic wills with the enactment of the Florida Electronic Wills Act, effective as of July 1, 2020. This legislation, codified under Florida Statutes § 732.521–732.525, permits the creation and execution of wills using electronic means. Alongside this, Chapter 117 was amended to allow online notarization, providing a legal pathway for remote execution when specific requirements are met.

Execution Requirements and Licensed Custodian Rules

A digital or electronic will in Florida must still follow strict formalities to be valid. The testator must:

• Sign the will in the presence of two witnesses, who must also sign electronically and be present either physically or virtually in real-time.
• Use an online notarization platform compliant with Florida law when executed remotely.
• Ensure that the notary is physically located within Florida during the execution process, even if the testator or witnesses are located elsewhere.

Furthermore, for an electronic will to be self-proving and admissible to probate without additional evidence, it must be stored and maintained by a qualified qualified custodian. This custodian must:

• Be a Florida resident or incorporated under Florida law.
• Use secure technology to store the will with controlled access.
• Comply with specific duties under Florida Statute § 732.524, including maintaining a secure audit trail of all access and actions related to the will.

Managing Legal Risks: What to Watch Out For

While the statute authorizes electronic wills, execution outside legal parameters renders a will invalid and unenforceable. Testators must choose service providers that meet the state’s technology and custodial standards. Not all online will platforms are compliant with Florida law, especially those that lack qualified Florida-based custodians or fail to perform valid remote notarizations.

Another key concern: identity verification. Florida requires knowledge-based authentication and credential analysis to validate the parties involved in remote notarization. If this step is skipped or performed improperly, the will can be invalidated during probate.

Before relying on digital execution, consider this question: does your provider fully understand Florida’s technical, custodial, and procedural requirements? Without that assurance, reverting to traditional paper-based methods may offer greater legal security.

Avoid These Common Mistakes When Drafting Your Will

Failing to Sign and Date the Will Properly

Without the correct signature and date, a will doesn’t meet Florida’s legal definition of a valid testamentary document. Florida Statutes §732.502(1) mandates that the testator must sign at the end of the will, or acknowledge a previous signature, in the presence of two witnesses. Both witnesses must also sign in the presence of the testator and of each other. A missing signature or an incorrect signing process renders the will invalid during probate.

Using Vague or Contradictory Language

Ambiguous instructions open the door to costly disputes. For example, stating “I leave everything to my children” without naming them—especially in blended families—creates unnecessary confusion. Contradictory clauses, such as naming two different people for the same role or asset, force courts to interpret the testator’s intent. That prolongs probate and increases administrative fees. Precision and consistency in naming beneficiaries, assets, and roles create clarity and legal effect.

Not Updating the Will After Major Life Events

Florida law does not automatically revoke your will upon marriage or the birth of a child. However, divorce triggers specific statutory changes. Under §732.507(2), provisions for the former spouse are revoked unless explicitly stated otherwise. Failing to revise the will after marriage, divorce, childbirth, adoption, or significant financial changes can derail your intended plan. Outdated documents often fail to reflect current family dynamics or asset structures.

Leaving Out a Residuary Clause

A residuary clause ensures that unallocated assets—anything not specifically mentioned—are distributed according to your wishes. Without it, those assets fall into intestacy and are distributed under Chapter 732 of the Florida Statutes. This bypasses your original intent and complicates the probate process. A complete will includes both specific bequests and a fallback for the remainder of the estate.

• Without a date and correct witnesses, a will cannot be admitted to probate.
• Unclear language invites litigation and delays asset distribution.
• Major life events nullify well-crafted intentions if not followed by timely updates.
• The absence of a residuary clause guarantees that some part of your estate remains uncontrolled.

Want a quick check? Pull up a copy of your will. Does it name a personal representative? Are your children identified by name? Is there a catch-all statement for anything left out? Start there.

How a Valid and Clear Will Simplifies Probate

A properly drafted, valid will eliminates disputes and confusion during probate. It clearly specifies who the beneficiaries are, names a personal representative, and delineates what assets go to whom. This clarity allows the court to rely on the will without delay, speeding up proceedings and reducing the likelihood of litigation.

In Florida, a will that includes a self-proving affidavit can be admitted to probate without additional testimony from witnesses, cutting down administrative steps. Furthermore, when the will addresses all applicable assets and designations unambiguously, the personal representative can act efficiently—minimizing court involvement and reducing legal costs.

Efficient probate administration hinges on the legal validity and clarity of the will. Ambiguity, errors, or omissions often lead to costly delays and potential challenges. Clear planning at the front end prevents confusion at the back end—especially under the scrutiny of oversight from Florida’s probate courts.

Best Practices for Storing and Securing Your Last Will and Testament

Keep the Original Document in a Safe and Accessible Location

The original signed and witnessed version of your will must be stored in a place where it remains secure yet easily retrievable after death. Without the original, Florida probate courts may refuse to honor a copy, assuming the original was intentionally destroyed. Preserving the physical document in pristine condition is not just prudent — it’s procedural necessity under Florida Statutes § 732.901.

Limit Access, But Inform the Right People

At least one trusted person needs to know the exact location of your will. This might be your executor (personal representative), your attorney, or a close family member. If no one knows where to find the will, the administering of your estate could be delayed or contested. However, restricting broader access prevents tampering or premature disclosure.

Ask yourself: After you’re gone, who will step in first to carry out your plans? That person should know where the document is, how to get it, and why their role matters.

Safe Deposit Boxes: Caution and Coordination Required

Safe deposit boxes offer fireproof and theft-resistant storage, but they come with complications. In Florida, a court order or the presence of a co-lessee is usually required for access after death. Your personal representative may need to petition for entry, which delays the probate process unless they’ve already been given permission or authority in writing.

To avoid hurdles, you may:

• Register your will with the Florida Bar-approved will repository, if your attorney offers this option.
• Place the will in a waterproof, fire-resistant home safe and provide the access code to your executor.
• Keep it with your estate planning attorney, who can act as a custodian under a documented agreement.

Registering or Depositing the Will with a Custodian

Florida law allows for a will to be deposited with the clerk of court in the county where the testator resides, according to § 732.901(2), but this typically occurs after the testator’s death. Prior to death, individuals may opt to trust an attorney or professional custodian with the original document. This method ensures security and guarantees that the will enters probate as intended, without unnecessary court intervention.

Avoid folding, stapling, or altering the document physically — changes like these can raise authenticity concerns in court. Use protective sleeves or envelopes to maintain its condition.

Where will your will be found — decades from now? That answer must be clear, deliberate, and written down for those who will need it most.

Peace of Mind in Writing a Valid Will in Florida

After navigating the technical aspects of Florida will law—witness signatures, self-proving affidavits, executor selection, and the broader estate planning process—the final step is about confidence. A valid, enforceable testament provides certainty. It outlines exactly how your estate will be handled after death, eliminating ambiguity and reducing the potential for disputes among heirs.

A Testament That Stands in Probate Court

Under Florida law, the procedures followed today directly influence the probate process later. For a will to hold weight in probate court, it must meet all statutory requirements including the correct execution, appropriate witnesses, and clear testamentary intent. Once a compliant will is signed and secured, its legal validity will protect your estate and those named within it.

What Comes After Signing?

Signing the will doesn’t close out the estate planning process. The document must be securely stored—digitally, physically, or both—and its location should be known to someone you trust. Life changes such as marriage, divorce, or the death of a beneficiary require review and possibly amendment. Revisions can be made through codicils or creating a new will altogether, following the same execution formalities.

Take the Next Step With Confidence

• Download Your Free Florida Will Checklist: Stay organized with a printable PDF that outlines every step to ensure your will meets legal standards.
• Connect With a Florida Estate Attorney: Work one-on-one with a professional who understands state-specific law and can tailor documents to your exact situation.
• Subscribe to Our Estate Planning Newsletter: Receive timely updates, legal tips, and planning strategies straight to your inbox.

Start planning now. Don’t wait for the unexpected to force a rushed decision. Florida law supports proactive individuals who take formal, legal steps to control their legacy.

Frequently Asked Questions About Florida Wills

Do the Witnesses Have to Present When the Will is Signed?

Yes.  Witnesses Must Be In The Presence Of the Testator And Of Each Other

The “presence requirement” of the witnesses is one of the most easily botched testamentary formalities under Florida law.  Florida law requires that “the attesting witnesses must sign the will in the presence of the testator and in the presence of each other.”  § 732.502, Fla. Stat.  This amounts to a “line of sight” test, where everybody needs to see everybody else sign.

In Jordan v. Fehr, a Florida appellate case, the court held that a Florida will was not validly executed, because there was no admissible evidence which could establish that the will was executed by the decedent in the presence of one of the witnesses or that the witnesses attested the will in the presence of each other.

In Jordan, the will was not self-proved (discussed below).  Therefore, the proponent of the will had the burden to establish the will’s formal execution and attestation.

This execution was said to have taken place at Grannie Mac’s restaurant where the two witnesses, Ketron and Correia, worked. The circuit court found that issues of fact remained as to whether the will was properly executed, and thus denied summary judgment as to that ground. While we agree that certain facts concerning the execution are in dispute, the depositions offered by Jordan in support of her claim of valid execution do not contain facts which establish that the decedent signed or acknowledged the will in the presence of the two attesting witnesses and that the two attesting witnesses signed the will in the presence of each other. At deposition, witness Correia testified that he did not see Feldman sign the will. Correia’s deposition was taken at one of the tables in Grannie Mac’s after it had closed for the day:

Q: All right. Did you see Mr. Feldman sign his name there?

A: No, I did not.

Q: I believe you said you can’t recall whether he was here or not when you signed it?

A: I’m not totally sure. I am not a hundred percent sure.

Q: Who asked you to witness the will?

A: Keith. Asked me to witness this paper or — I don’t know what he said. I don’t listen to what they are asking. I totally trust him, okay, and if he asks me to sign something, I’ll sign it.

Q: Keith asked you to sign this —

A: Right.

Q: —the document that’s Plaintiff’s Exhibit 5, second page?

A: Right. If you want to know, I walked out here, I can see his name, well, I’m like a monkey, I wrote my name and my address and I was gone.

Q: Where were you when you said you walked out here?

A: Out the door, it’s the end of the day, I’m leaving.

Q: Where were you before you came out to sign it?

A: In the back.

Q: And so you walked out here and he asked you to sign it and so you signed it—

A: Right.

Q: — and walked off —

A: Exactly.

(Emphasis added).

Ketron, the other purported witness to the will, first claimed that Correia was present when the will was signed by the decedent, and then, when questioned as to where Correia was, changed his testimony and said:

I really don’t know, seriously, so I’m not going to answer because I don’t recall. So — I mean, you know, I don’t know if he was sitting down, standing next to him, by him, or whatever. He may have been in the bathroom for all I know. I don’t recall so I’m just going to say I don’t recall on that part of it.

The Florida appellate court determined there was no admissible evidence to establish that the will was validly executed.  It is never a good sign if one of the witnesses testifies that he is like a monkey and will do what he is told and leave.

Does a Florida Will Have To Be Notarized To Be Valid?

No, having a will notarized is not one of the testamentary formalities required under Florida law to make a valid will.  However, a Florida will can be made self-proved at the time of its execution or any subsequent date by the acknowledgement of it by the testator and the affidavits of the witnesses, and this is done in front of a notary.  Florida statute § 732.503 provides a form to make a will self-proved, which should be substantially followed.

Making a will self-proved negates the need to have the witnesses testify to the testamentary formalities of the will to establish its validity to admit the will to probate. Of course, if the will is challenged, the testimony of the witnesses would be required.

Can a Beneficiary of a Will be a Witness?

Yes.  Florida law does not prohibit a witness from also being a beneficiary.  Some care should be taken, because a beneficiary serving as a witness can be considered an undue influence factor in a will contest.

To learn more, visit Florida Probate Lawyer now! Or if you’re looking for more, visit a Complete Guide to Florida Will Contests!