Florida won’t honor a will just because your wishes make sense — the law only recognizes it if you meet specific legal standards. If you skip a step or get the details wrong, the court can override your plan entirely and distribute your property according to the state’s default rules instead. To avoid that outcome and make sure your will holds up, you need to follow a few non-negotiable requirements under Florida law.
You must have the mental capacity to sign
When you sign your will, you need to understand what the document is, what property you own and who should receive it. Florida law refers to this as being of “sound mind,” and if you aren’t mentally aware at the time of signing, the entire will can be challenged and thrown out, even if every other step checks out.
You must sign the will in front of two witnesses
Florida law requires you to sign your will in front of two witnesses who must also sign in your presence and in each other’s. If you can’t physically sign it yourself, you can direct someone else to sign it for you — but that has to happen in front of those same witnesses during the same event. Each part of this process carries legal weight, and missing even one step can invalidate the whole document.
You can make the will self-proving with a notary
Although you don’t need a notary to create a valid will, adding one helps your family avoid problems later. By signing a self-proving affidavit with your witnesses in front of a notary, you eliminate the need for witness testimony during probate, which speeds up the process and reduces the chance of conflict.
You must follow each legal step without skipping any
If your will doesn’t meet Florida’s legal standards, the court will treat you as if you never made one. In that case, the state decides who receives your property using a fixed formula — not your wishes — which often leads to confusion, delay and stress for the people you leave behind.
Take the next step while you still have options
If you have been meaning to get your will in order or you’re not sure your current one meets Florida’s legal standards, now is the time to take action. The process is simpler than you think, and it can save your family from guesswork and conflict later.
To get started, contact us online or call 863-465-5033 to speak with someone who can help you put your wishes into writing the right way.