Last Will and Testament in Florida

A Last Will and Testament is one of the most important legal documents you can create—especially in a state like Florida, where property laws may not align with your personal wishes. It outlines who should receive your assets, who will care for your children, and how your final affairs should be handled. Whether you're just starting your estate plan or updating an existing one, understanding how to create a Last Will and Testament in Florida is a key step in protecting your legacy.

What Is a Last Will and Testament in Florida?

A Last Will and Testament in Florida is a legal document that outlines how you want your assets distributed after your death. It lets you name beneficiaries, appoint a personal representative (executor), and designate guardians for minor children. To be valid in Florida, the will must be in writing, signed by the person making it (the testator), and witnessed by two people. A properly executed will ensures your wishes are carried out and can help your loved ones avoid confusion or disputes during probate.

Who Needs a Will in the State of Florida?

In Florida, nearly every adult can benefit from having a will—especially if you have children, own property, or want a say in how your assets are distributed after you pass. A will is particularly important if you're married, in a blended family, or have specific wishes about who should inherit what. Without a valid will, Florida’s intestate laws decide how your estate is divided, which may not reflect your intentions. Creating a will puts you in control and helps protect the people you care about most.

Requirements for a Valid FL Last Will and Testament

To be legally valid in Florida, a Last Will and Testament must meet specific state requirements. These rules ensure the will can be accepted by the court during probate. Requirements for a valid will in Florida include:

• The testator must be at least 18 years old (or an emancipated minor)

• The testator must be of sound mind at the time of signing

• The will must be in writing (oral wills are not recognized)

• The will must be signed by the testator at the end of the document

• Two witnesses must sign the will in the presence of the testator and each other

• While not required, a self-proving affidavit signed in front of a notary can speed up probate

Can You Make a Will Online in Florida?

Yes, you can make a will online in Florida. As long as it meets state requirements—written, signed, and properly witnessed—it’s legally valid. Trust & Will offers a simple, guided platform to create a state-specific will online, making it easier than ever to protect your loved ones and ensure your wishes are honored.

Updating or Revoking a Will in Florida

Updating or revoking your will in Florida is an important part of keeping your estate plan accurate and aligned with your current wishes. Under Florida law, you can update a will by creating a new one or adding a codicil—a legal amendment that must be signed and witnessed just like the original will. You can revoke a will at any time by physically destroying it, creating a new one that states the previous will is revoked, or by writing a statement of revocation that meets legal requirements.

Keeping your will up to date is especially important after major life events—such as getting married, divorced, having a child, losing a loved one, or acquiring new property. These milestones can significantly change your financial and personal priorities. Without an updated will, your estate may be distributed in ways that no longer reflect your intentions, potentially leaving out important beneficiaries or creating confusion for your loved ones.

How Trust & Will Can Help Creating Your Florida Will Today

Creating a legally valid will in Florida doesn’t have to be complicated—and Trust & Will is here to help every step of the way. Our online platform is designed to guide you through the process of creating a Florida-specific Last Will and Testament, with clear, simple questions and built-in state compliance. You’ll be able to name beneficiaries, choose a guardian for your children, appoint a personal representative, and outline your final wishes, all from the comfort of home.

Once you’ve completed your will, we’ll provide easy-to-follow instructions to make it legally valid in Florida. That includes signing it in the presence of two witnesses—and, if you choose, adding a self-proving affidavit with a notary to simplify probate down the line.

Whether you’re starting your first estate plan or updating an existing one, Trust & Will makes it easier to protect your loved ones and gain peace of mind. Start your Florida will today and take control of your legacy with confidence.

FAQs: 

Does a will need to be notarized in Florida?

No, a will does not need to be notarized to be valid in Florida. However, adding a notarized self-proving affidavit can make the probate process faster and easier.

Does a will need to be witnessed in Florida law?

Yes, under Florida law, a will must be signed in the presence of two witnesses, who must also sign the will in each other’s presence.

Can I make an online Last Will and Testament valid in Florida?

Yes, you can create a legally valid online will in Florida—as long as it’s properly signed and witnessed according to state law. Electronic wills are also allowed if specific requirements are met.

How much does a Last Will cost in Florida?

A Last Will and Testament in Florida can cost between $0 and $1000, depending on whether you follow a DIY template, use an online service, or hire an attorney. Online options like Trust & Will start around $199. 

Trust & Will makes estate planning simple so you can create a customized, state-specific plan from the comfort of your own home. Take our free quiz to discover which estate plan best fits your needs today, to secure your family’s future.

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Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.