A Florida last will and testament template only helps if the document is executed the way Florida requires. The state’s rules are unusually strict about how the will is signed, and unusually unforgiving about one category of will it refuses to recognize at all — even when it was perfectly valid in the state where it was written.
This page sets out what Florida law requires, with the statute behind each rule, and gives you a free template, an example you can fill in online, and PDF and Word downloads.
The short answer
Under Fla. Stat. §732.502, a Florida will must be in writing, signed by the testator at the end, in the presence of at least two attesting witnesses — and those witnesses must sign in the presence of the testator and of each other. Miss any of those and the document is not a validly executed Florida will.
The rule that catches people who move to Florida
Florida does not recognize handwritten (holographic) wills from other states. Fla. Stat. §732.502(2) accepts an out-of-state will if it was valid where it was executed — but it carves out two exceptions in the same breath: “Any will, other than a holographic or nuncupative will, executed by a nonresident of Florida … is valid as a will in this state if valid under the laws of the state or country where the will was executed.”
So someone who wrote a valid handwritten will in a state that allows them, and later moved to Florida, may have no valid will here at all. A nuncupative will — an oral one — is refused on the same terms.
There is an important flip side, and most summaries get it wrong. A will written in your own handwriting is fine in Florida, provided it was executed with the formalities in subsection (1). The statute says so explicitly: “A will in the testator’s handwriting that has been executed in accordance with subsection (1) shall not be considered a holographic will.”
What §732.502(2) shuts out is a specific category — the holographic will — not handwriting as such. A will in your own hand that was signed and witnessed under subsection (1) is expressly not holographic, and Florida treats it like any other will.
How a Florida will must be signed
Fla. Stat. §732.502(1) breaks the execution into three parts, and each one has a trap in it:
- The testator signs at the end. Not in the margin, not on each page only — at the end of the will. Alternatively, another person may subscribe the testator’s name at the end, but only in the testator’s presence and at their direction.
- Two witnesses must be present. The testator either signs in front of them, or acknowledges to them that the signature is already theirs — or that someone else subscribed it on their behalf. Either way, it happens in the presence of at least two attesting witnesses.
- The witnesses sign in front of the testator and in front of each other. This is the requirement people miss most often. For a paper will, passing it around to be signed separately does not satisfy it.
Florida does not demand any particular wording. Fla. Stat. §732.502(4): “No particular form of words is necessary to the validity of a will if it is executed with the formalities required by law.” The formalities are what the statute polices — not the prose. Subsection (3) adds a separate route: a will executed as a military testamentary instrument under 10 U.S.C. §1044d is valid in Florida.
Who can make a will, and who can witness it
Fla. Stat. §732.501 is one sentence: “Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will.”
On witnesses, Florida is more forgiving than most states. §732.504(1) allows any person competent to be a witness to witness a will, and §732.504(2) provides that a will “is not invalid because the will or codicil is signed by an interested witness”. Many states void the gift to a witness who benefits under the will; Florida does not. Using disinterested witnesses is still the safer practice — an interested witness is easier to attack on undue-influence grounds — but it is not a validity requirement here.
Making the will self-proved, and why it matters
A will that meets §732.502 is valid. A will that is also self-proved under Fla. Stat. §732.503 is far easier for the people you leave behind, because the court can accept it without tracking down your witnesses years later to testify.
Self-proof is done by the testator acknowledging the will and the witnesses swearing affidavits before an officer authorized to administer oaths, with the officer’s certificate attached to or following the will. The statute prints the form to use, and it can be done at the time of signing or at any later date. The statutory certificate offers a choice between physical presence and online notarization. The affidavit in the template below is drafted for signing in physical presence; if you plan to use an online notary, use the form printed in §732.503 itself.
Electronic wills
Florida is one of the few states that recognizes fully electronic wills, under Fla. Stat. §§732.521–732.525. The signing rules are not looser, they are differently plumbed: §732.522(2) allows the requirement that people sign “in the presence of one another” to be met by witnesses “being present and electronically signing by means of audio-video communication technology” — but only where they are supervised by a notary public under §117.285, authenticated as part of an online notarization session under §117.265, and the witness hears the signer acknowledge the signature.
That route needs a qualified online notary platform. It is not something you can improvise with a video call. The template on this page is a paper will, and the checklist above is the paper procedure.
Codicils follow the same rules
Amending a will does not get a lighter procedure. Fla. Stat. §732.502(5): “A codicil shall be executed with the same formalities as a will.” Two witnesses, signing in each other’s presence and in yours — again.
Common mistakes
| Mistake | What Florida law says |
|---|---|
| Writing it out by hand with no witnesses | That is a holographic will, and Florida does not recognize it — not even one valid in another state (§732.502(2)). |
| Witnesses signing at different times or places | They must sign in the presence of the testator and of each other (§732.502(1)(c)). |
| Signing somewhere other than the end | The statute specifies the end of the will (§732.502(1)(a)). |
| Naming an out-of-state friend as executor | Florida calls the role personal representative, and §733.304 lets someone not domiciled in Florida serve only if they are an adopted child or adoptive parent, related by lineal consanguinity, a spouse, brother, sister, uncle, aunt, nephew or niece — or the spouse of someone in those categories. A non-resident friend is not qualified to serve. |
| Relying on a no-contest clause | §732.517: a provision penalizing an interested person for contesting the will “is unenforceable” in Florida. |
| Amending a will with a quick signed note | A codicil needs the full formalities (§732.502(5)). |
| Skipping the self-proving affidavit | Not fatal, but it leaves your witnesses to be located and examined later (§732.503). |
Before you fill anything in: two Florida rules can override what you write
Your home may not be yours to leave. Fla. Stat. §732.4015(1): “the homestead shall not be subject to devise if the owner is survived by a spouse or a minor child or minor children, except that the homestead may be devised to the owner’s spouse if there is no minor child or minor children.” So if you have minor children, a clause leaving the house to anyone — including your spouse — does not work as written, no matter how correctly the will is signed. If you have a spouse and no minor children, you may leave it to that spouse.
A surviving spouse cannot be written out. Fla. Stat. §732.2065: “The elective share is an amount equal to 30 percent of the elective estate.” A surviving spouse can claim that against the will.
A no-contest clause will not hold. Under §732.517 it is unenforceable in Florida. The downloadable template below contains one (Article VIII) because it is drafted to be usable in several states — in Florida, treat that article as having no effect.
None of these is something a template can solve. If you own a home, are married, or have minor children, have a licensed Florida attorney look at the document before you sign it.
Free Florida last will and testament template and example
Fill in the example below and the document is generated in your browser — nothing is uploaded and there is no signup. The PDF and Word versions are there if you prefer to draft offline. Whichever you use, the signing is what decides whether the document is a validly executed will — but valid execution is not the whole story: read the warning above about homestead and spousal rights first.
Frequently asked questions
How many witnesses does a Florida will need?
At least two. Fla. Stat. §732.502(1)(b) requires the testator’s signature or acknowledgment to be made in the presence of at least two attesting witnesses, and §732.502(1)(c) requires those witnesses to sign in the presence of the testator and of each other.
Is a handwritten will valid in Florida?
Yes, if it was signed and witnessed the way §732.502(1) requires — the statute says a will in the testator’s handwriting executed that way is not treated as holographic. A handwritten will with no witnesses is a holographic will, and Florida does not recognize those.
Can a beneficiary witness my Florida will?
Yes. §732.504(1) allows any person competent to be a witness to witness a will, and §732.504(2) provides that a will or codicil is not invalid because it is signed by an interested witness. Many states void the gift to that witness; Florida does not. Disinterested witnesses are still the safer choice.
Can someone who lives outside Florida be my executor?
Only if they are related to you. Fla. Stat. §733.304 permits a person not domiciled in Florida to serve as personal representative if they are an adopted child or adoptive parent, related by lineal consanguinity, a spouse, brother, sister, uncle, aunt, nephew or niece, or the spouse of one of those. A non-resident who is not a relative is not qualified.
Does a Florida will have to be notarized?
Not to be valid. Notarization comes in with the self-proving affidavit under §732.503, which is optional but makes probate simpler.
Can I leave my house to whoever I want?
Not always. Under §732.4015 homestead property cannot be devised if you are survived by a spouse or a minor child — with one exception: it may be left to your spouse if there is no minor child.
Is my out-of-state will valid in Florida?
Generally yes, if it was valid where it was executed — but §732.502(2) excludes holographic and nuncupative wills from that rule.
Can I just add a note to change my will?
No. A codicil must be executed with the same formalities as the will itself (§732.502(5)).
Related
- Texas last will and testament template — the Texas version
- Last will and testament templates by state — how the signing rules differ
- General last will and testament template — the multi-state version
- Power of attorney template — for decisions during your lifetime
- All contract templates
Limits of this page
This page compiles the execution formalities published in the Florida Statutes. It does not cover who should inherit, trusts, guardianship of minor children, creditor claims or estate tax — all of which can change the outcome of an estate substantially, and none of which a blank form decides for you.
LegalTemplateVault is not a law firm and does not provide legal advice. A will decides what happens to everything you own, and mistakes are discovered when you are not there to fix them. Have a licensed Florida attorney review anything you intend to sign.
How this page was checked
Every rule above is tied to the section it comes from, read in full on the Florida Legislature’s own publication of the Florida Statutes:
§732.501 (who may make a will),
§732.502 (execution, out-of-state wills, military instruments, wording, codicils),
§732.503 (self-proof),
§732.504 (who may witness, interested witnesses),
§732.517 (penalty clause for contest),
§732.522 (electronic wills),
§732.4015 (homestead),
§732.2065 (elective share),
and §733.304 (non-resident personal representatives).
Last verified: August 2026. We do not advance this date without re-checking the sources.
Compiled and edited by Daniel Mercer, editor of LegalTemplateVault. He is not an attorney, and neither is anyone else on this site — what we do is compile primary sources and cite them so you can check them yourself.