Does Florida Recognize a Simple Will? (w/Examples) + FAQs

Yes, Florida recognizes a simple will, but only if it meets the strict execution rules in the Florida Probate Code. A “simple will” is a short, straightforward document that names beneficiaries, a personal representative, and (if needed) a guardian for minor children, without trusts or complex tax planning.

Florida does not offer a statutory fill-in-the-blank will form like California does, and it does not accept handwritten (holographic) or spoken (nuncupative) wills from its own residents, as explained by the Boyer Law Firm. That means even the simplest Florida will must be typed, signed at the end by the testator, and signed by two witnesses who watch the testator sign — a rule laid out in Fla. Stat. § 732.502.

According to the 2024 Caring.com Wills Survey, only 32% of American adults have a will, a 6% drop since 2023, meaning two out of three Floridians risk dying intestate and letting the state decide who inherits.

Here is what you will learn in this guide:

⚖️ The exact formalities a Florida simple will must follow to survive probate
🖊️ Why handwritten and oral wills fail in Florida, even when valid elsewhere
👨‍👩‍👧 How to name guardians, personal representatives, and beneficiaries the right way
💻 When an electronic will is a smart move and when it is a trap
🚫 The seven most common mistakes that invalidate a Florida simple will

What Counts as a “Simple Will” Under Florida Law

A simple will is a plain-language document that gives all or most of your property to one or a few people, names a personal representative, and stops there. It does not create trusts, fund charitable foundations, or plan around federal estate tax. Florida law does not define the phrase “simple will,” but courts treat any writing that meets § 732.502 as a valid will, regardless of length.

The Florida Probate Code lives in Chapter 732, and Part V controls wills. Every will — simple or complex — must pass the same execution test. A one-page will leaving everything to a spouse gets the same scrutiny as a fifty-page estate plan drafted by a tax attorney.

Florida rejects the Uniform Probate Code’s relaxed rules. That means the state will not save a defective will using the “harmless error” doctrine used in states like New Jersey, a point the Miami Probate blog stresses. Miss one witness signature and the whole document fails, even if the testator’s intent is obvious.

The consequence is severe. Your estate passes under Florida’s intestacy statute, § 732.101, and your chosen beneficiaries may get nothing. A common misconception is that a notary can “cure” missing witnesses — it cannot, as the Hoffman & Hoffman firm explains.

The Core Elements of a Valid Florida Simple Will

Every Florida simple will needs five parts to survive a probate challenge. First, the will must be in writing — typed or printed, never oral. Second, the testator must be at least 18 years old or an emancipated minor, per § 732.501. Third, the testator must have testamentary capacity, meaning they understand what they own and who their heirs are.

Fourth, the testator must sign at the end of the document, or direct another person to sign in the testator’s presence. Fifth, two competent witnesses must sign the will in the presence of the testator and of each other. The Florida Bar explains that these rules apply equally to a one-sentence will and a fifty-page will.

If any element fails, the will is void. For example, if the testator signs on page one instead of at the end, a court may refuse probate. A common misconception is that initialing each page substitutes for the end signature — it does not.

What a Simple Will Cannot Do in Florida

A simple will cannot disinherit a surviving spouse beyond the elective share of 30%, set by § 732.201. It cannot cut off a child born after the will was signed without specific language, a rule in § 732.302. It cannot transfer homestead property to anyone other than a spouse or minor child if the testator is survived by either, under Article X, Section 4 of the Florida Constitution.

The consequence of ignoring these limits is that the will’s offending clauses get struck and the property passes by statute. For example, if Maria tries to leave her Miami homestead to her brother while her minor son is alive, the gift fails and the son inherits. A common misconception is that a will “overrides” the homestead rule — it does not.

A simple will also cannot avoid probate. Probate is the court process that validates the will and transfers assets, described by the Florida Courts. To skip probate, you need a trust, joint ownership, or beneficiary designations.

Execution Requirements: The Two-Witness Rule

Fla. Stat. § 732.502 is the heart of Florida will law. It requires the testator to sign at the end in the joint presence of two witnesses, and the two witnesses must then sign in the presence of the testator and of each other. The phrase “in the presence of” means physical line-of-sight presence for paper wills, though electronic wills allow remote video presence.

The consequence of a missing witness is total invalidity. In Allen v. Dalk, 826 So. 2d 268 (Fla. 2002), the Florida Supreme Court voided a will because the testator forgot to sign it, even though two witnesses had signed. A real-world example: Robert, a retired teacher in Tampa, signs his will alone in his kitchen, then walks it next door for his neighbor to sign — the will fails because the neighbor did not see Robert sign.

A common misconception is that witnesses must be “disinterested,” meaning they cannot inherit. Florida actually allows interested witnesses under § 732.504, but it is still bad practice because it invites a will contest.

Who Can Serve as a Witness

Any person who is “generally competent” may witness a Florida will, per § 732.504. That means most adults of sound mind qualify, including neighbors, coworkers, and notaries. Minors can witness if they are mature enough to understand the act, though lawyers avoid them.

The consequence of choosing a shaky witness — someone with dementia, or someone who cannot later be found — is that probate becomes expensive and slow. The personal representative may need to file a sworn “oath of witness” under Rule 5.210 of the Florida Probate Rules to prove the signature.

For example, Jessica asks her 16-year-old nephew to witness her will in Orlando. The will is technically valid, but when Jessica dies twenty years later, the nephew has moved to Germany, and the estate must hire a handwriting expert. A common misconception is that a witness must read the will — they do not.

The Self-Proving Affidavit

A self-proving affidavit is a notarized statement attached to the will in which the testator and witnesses swear they followed § 732.502. Fla. Stat. § 732.503 creates this option, and the statute includes the exact language that must be used.

Without a self-proving affidavit, the personal representative must track down one of the witnesses after the testator’s death and get a sworn oath. The consequence is delay, cost, and sometimes a failed probate when witnesses have died or vanished.

For example, Daniel, a 42-year-old software engineer in Jacksonville, signs a will with a self-proving affidavit before a notary. When he dies in a car crash two years later, his will is admitted to probate in days. A common misconception is that the notary’s seal alone makes a will valid — only the affidavit language in § 732.503 does.

Handwritten, Oral, and Out-of-State Wills

Florida is famously strict. It refuses to recognize holographic wills (entirely in the testator’s handwriting without witnesses) and nuncupative wills (oral wills), as the Comiter Singer firm explains. This is true even when those wills are valid in the state where they were signed.

The consequence is harsh. A Colorado holographic will — valid in Colorado — is void in Florida if it lacks two witnesses, as confirmed by the Boyer Law Firm’s analysis of § 732.502(2). A real-world example: Harold writes his last wishes on a napkin while hospitalized in Miami, signs it, and asks a nurse to witness — the nuncupative-style document fails because only one witness signed and the will was never re-executed formally.

A common misconception is that Florida honors any will valid in another state. It does not. Florida honors another state’s will only if that will was executed with the formalities Florida requires — namely, two witnesses and a writing.

Out-of-State Wills Moving to Florida

If you made a will in New York, Ohio, or Illinois, Florida will accept it if it was signed with two witnesses, under § 732.502(2). The exception: a holographic will valid in the other state but lacking two witnesses is not accepted in Florida.

The consequence for snowbirds and retirees is real. Florida has roughly 1,000 new residents moving in every day, per the Florida Chamber of Commerce, and many arrive with old wills. If that old will lacks two witnesses, it is void in Florida.

For example, Linda, 68, moves from Denver to Naples with a Colorado holographic will leaving her home to her grandchild. Because Colorado allows holographs but Florida does not, Linda’s will is void in Florida unless she re-executes it. A common misconception is that a self-proving affidavit alone ports a will between states — it does not.

Military and Foreign Service Exception

Florida carves out a narrow exception for service members. Under § 732.502(2), a will of a person who was not a Florida resident at the time of signing is valid if it was executed according to the law of the state or country where it was signed. But holographic and nuncupative wills remain off-limits.

The consequence is that a sailor stationed in Germany who signs a will under German law can have that will probated in Florida if she later moves here, as long as the will is not holographic. For example, Petty Officer Sarah Kim signs a will in Ramstein Air Base in 2022, moves to Pensacola in 2025, and dies in 2026 — her German-executed will is valid in Florida.

A common misconception is that the military exception allows oral wills. It does not. Even the federal “military testamentary instrument” under 10 U.S.C. § 1044d must be written.

Electronic Wills in Florida

Florida became one of the first states to fully authorize electronic wills when the Electronic Wills Act took effect on July 1, 2020. The law allows testators to sign, witness, and store a will entirely in digital form, using electronic signatures and a “qualified custodian” to hold the file.

The statute, found at §§ 732.521 through 732.525, allows remote video witnessing. That means the testator and two witnesses can be in three different cities, on a Zoom call, each clicking a signature pad. The BFM Law Firm notes that the signers must verbally confirm what they are doing on camera.

The consequence of using a non-qualified custodian is invalidity. For example, Michael, 55, signs an electronic will through an unapproved website in 2024 and dies in 2026 — the court refuses probate because the custodian did not meet § 732.524 bonding rules. A common misconception is that any PDF with an e-signature qualifies — it does not.

Vulnerable Adults and Remote Signing

Florida draws a hard line for vulnerable adults. A vulnerable adult, as defined in § 415.102, cannot use remote electronic witnessing. The person must sign in the physical presence of the witnesses.

The consequence of ignoring this rule is that the will is void. For example, if 84-year-old Ruth, who has mild dementia, signs an electronic will over Zoom from her assisted-living facility, the will fails even if her wishes were clear. A common misconception is that family members can “vouch” for a vulnerable adult — they cannot override the statute.

Storage and the Qualified Custodian

A qualified custodian must be a Florida-domiciled person or entity, must post a $250,000 surety bond or hold the will in a compliant escrow account, and must maintain the file under § 732.524. The custodian is the only party who can produce a “certified paper original” for probate.

The consequence of a custodian losing the file is disastrous. If the file is lost, the family may need to prove the contents using § 733.207, the lost-will statute, which requires two disinterested witnesses to testify to the contents.

For example, when qualified custodian “Willtech Inc.” goes out of business and loses Kevin’s e-will, Kevin’s heirs must reconstruct the will from a draft email. A common misconception is that a Dropbox folder is a qualified custodian — it is not.

Three Real-World Scenarios

Florida’s execution rules play out in predictable patterns. The following scenarios show how small mistakes create big consequences, based on patterns seen in the Florida Probate Rules.

Testator’s Action	Probate Outcome
Alex types a one-page will, signs at the end, and has two neighbors watch him sign and then sign themselves.	Will admitted to probate without challenge under § 732.502.
Brenda handwrites her will, signs it, but has no witnesses.	Will rejected as an invalid holographic will; estate passes by intestacy.
Carlos signs a proper will with two witnesses but no self-proving affidavit; one witness dies before Carlos.	Will admitted, but personal representative must locate the second witness and file a sworn oath, delaying probate by months.

Snowbird Action	Florida Probate Result
Dana moves from Texas with a Texas will signed by two witnesses.	Valid in Florida; admitted to probate.
Ed moves from Colorado with a holographic Colorado will (no witnesses).	Void in Florida; must re-execute.
Fiona moves from Vermont with a nuncupative will recorded on video.	Void in Florida; Florida never recognizes oral wills.

E-Will Action	Outcome Under § 732.522
Grace signs an e-will via a qualified custodian with two witnesses on Zoom, all verbally confirming.	Valid; admitted as a “certified paper original.”
Henry, a vulnerable adult, signs an e-will remotely via Zoom from a nursing home.	Void under § 732.522(2).
Ivy signs a PDF will with DocuSign, emails it to two witnesses who sign later.	Void; no qualified custodian and no contemporaneous witnessing.

Named Examples That Show the Rules in Action

Example 1 — Maria the Miami Homeowner. Maria, 54, owns a homestead in Coral Gables worth $800,000 and has an 11-year-old son, Luis. She writes a simple will leaving the home to her brother. Because of Article X, Section 4 of the Florida Constitution, the gift to the brother is void, and Luis inherits the homestead with Maria’s surviving spouse getting a life estate.

Example 2 — Raj the Jacksonville Engineer. Raj, 38, types a three-page simple will leaving his 401(k) and home to his wife. He signs with two coworkers who watch him sign and then sign themselves. He also executes a self-proving affidavit. When Raj dies in a 2026 boating accident, his will is admitted to probate within two weeks under § 732.503.

Example 3 — Eleanor the Tampa Snowbird. Eleanor, 73, moves from Vermont to Tampa in 2024 with a will she wrote entirely by hand in 1998. Vermont allowed holographs at the time, but Florida does not. When she dies in 2026, her Florida-domiciled estate passes by intestacy under § 732.102, and her favorite niece gets nothing.

Mistakes to Avoid When Making a Florida Simple Will

Florida probate courts reject roughly 3% of submitted wills for execution defects, according to data summarized by the American College of Trust and Estate Counsel. The most common errors are easy to fix and easy to make.

Signing in the wrong place. Signing on page one or in the margin, not at the end, violates § 732.502(1)(a) and voids the will.
Using only one witness. Two witnesses are mandatory; one witness equals no will.
Witnesses signing separately. If witnesses do not sign in each other’s presence, the will fails the “joint presence” rule.
Relying on a holographic will. A handwritten will without two witnesses is void in Florida, no matter how clear the intent.
Skipping the self-proving affidavit. Without it, probate slows and sometimes fails if witnesses cannot be found.
Naming a non-resident personal representative who is not a relative. Under § 733.304, only Florida residents or close relatives can serve.
Trying to disinherit a spouse. The elective share under § 732.201 guarantees 30% to the surviving spouse regardless of the will.
Forgetting homestead restrictions. Leaving a homestead to anyone other than a spouse or minor child fails if those family members survive.
Leaving property to a pet directly. Florida requires a pet trust under § 736.0408; a direct gift to an animal fails.
Using an unqualified e-will custodian. Only bonded Florida custodians satisfy § 732.524.

Do’s and Don’ts for a Florida Simple Will

The execution rules are unforgiving, but the drafting rules give plenty of room. Follow the do’s below to reduce the chance of a will contest, which the Florida Bar notes usually turns on execution defects.

Do’s

Do type your will. Typed wills are easier for witnesses to read and harder to forge.
Do use two disinterested witnesses. Disinterested witnesses reduce the risk of a will contest under § 732.504(2).
Do execute a self-proving affidavit. It can cut probate time from months to weeks.
Do name a backup personal representative. If your first choice cannot serve, the court appoints a backup without a hearing.
Do review the will after major life events. Marriage, divorce, birth, or moving to Florida each demand a review.

Don’ts

Don’t use a DIY handwritten will. Florida voids holographic wills even when signed and dated.
Don’t record a video will instead of a written one. Oral wills are void under Florida law.
Don’t name a minor child as personal representative. Section 733.303 bars minors.
Don’t forget to destroy old wills. Multiple wills create litigation; revoke old ones expressly under § 732.505.
Don’t store the only original in a bank safe-deposit box alone. Banks may seal the box at death, delaying access.

Pros and Cons of a Florida Simple Will

A simple will is the right tool for many Floridians, especially those with modest estates and clear beneficiaries. But it is not the right tool for everyone, as the Florida Bar Real Property, Probate and Trust Law section often notes.

Pros

Low cost. Many Florida attorneys draft a simple will for $300–$700.
Speed. A simple will can be signed the same day.
Clarity. A short document is easier for a probate judge to interpret.
Flexibility. You can revoke or amend a simple will at any time by executing a new one under § 732.505.
Guardianship. A simple will lets parents name a guardian for minor children, which is often the most important clause.

Cons

Probate required. A simple will does not avoid probate, which the Florida Courts estimate takes 6–12 months.
Public record. Wills filed in probate become public.
No tax planning. A simple will does nothing about federal estate tax, which in 2026 exempts $13.99 million per person under IRS guidance.
No incapacity planning. A will does nothing while you are alive; you still need a durable power of attorney.
Contest risk. A one-page will can be challenged for undue influence just as easily as a trust.

Step-by-Step: How to Execute a Florida Simple Will

The process takes about thirty minutes if you plan ahead. The steps map directly to § 732.502 and § 732.503.

Draft the will. Type it. Include your name, a revocation of prior wills, a list of specific gifts, a residuary clause, a personal representative, and a guardian for minor children.
Gather two witnesses. Pick adults of sound mind who will outlive you, ideally under age 55.
Gather a notary. The notary will handle the self-proving affidavit.
Sign the will at the end. Initial each page for good measure, though only the end signature is required.
Have both witnesses sign. They must sign in your presence and in each other’s presence.
Sign the self-proving affidavit. Use the exact statutory language from § 732.503.
Store the original safely. Give a copy to your personal representative and keep the original in a fireproof safe or with your attorney.

Recapping Key Florida Will Cases

Florida courts have filled in the statute with case law. In Allen v. Dalk, 826 So. 2d 268 (Fla. 2002), the Florida Supreme Court voided a will where the testator forgot to sign, even though the witnesses signed and the testator’s intent was clear. The court refused to use the “doctrine of substantial compliance” and held that strict compliance with § 732.502 is mandatory.

In In re Estate of Olson, 181 So. 2d 642 (Fla. 1966), the court emphasized that witnesses must sign in the testator’s presence. A later sign-off down the hall is not enough.

In Aldrich v. Basile, 136 So. 3d 530 (Fla. 2014), the Florida Supreme Court held that a do-it-yourself will without a residuary clause caused after-acquired property to pass by intestacy — a cautionary tale about form wills downloaded from the internet.

Florida Simple Will vs. Other Will Types

The simple will is one of several testamentary tools. The Florida Bar consumer pamphlet lays out the differences, which matter for anyone choosing between options.

Will Type	Valid in Florida?
Typed simple will with two witnesses	Yes, under § 732.502
Holographic (handwritten, no witnesses)	No, void even if valid in another state
Nuncupative (oral)	No, Florida never recognizes oral wills
Electronic will via qualified custodian	Yes, under § 732.522
Out-of-state will with two witnesses	Yes, if Florida formalities met
Statutory fill-in form will	Not offered; Florida has no statutory form
Military testamentary instrument	Yes, under 10 U.S.C. § 1044d

Key Entities in Florida Will Law

Several entities shape Florida will practice. The Florida Legislature writes Chapter 732 and Chapter 733, which set the rules. The Florida Supreme Court interprets those statutes through cases like Allen v. Dalk.

The Real Property, Probate and Trust Law Section of the Florida Bar proposes updates, including the 2019 Electronic Wills Act. County circuit courts handle probate through their probate divisions, which you can find via the Florida Courts site.

The Florida Department of State, through the Division of Library and Information Services, stores deposited wills in some counties. Notaries and “qualified custodians” play a role in execution and storage.

FAQs

Does Florida recognize handwritten wills?

No. Florida voids holographic wills (handwritten, unwitnessed) even when valid in another state, under § 732.502(2). Only handwritten wills signed before two witnesses qualify.

Does Florida recognize oral wills?

No. Nuncupative or “deathbed” oral wills are never valid in Florida, regardless of circumstances, as the Miami Probate firm explains. The will must be in writing.

Does Florida require my will to be notarized?

No. Notarization is not required for validity, but the self-proving affidavit under § 732.503 must be notarized to speed up probate. Without it, witnesses must be tracked down.

Does a Florida simple will avoid probate?

No. All wills, simple or complex, go through probate. Only trusts, joint ownership, or beneficiary-designated assets skip the Florida probate process.

Does Florida accept a will made in another state?

Yes. Florida accepts an out-of-state will if it was signed by two witnesses, under § 732.502(2). Handwritten unwitnessed wills remain void even if valid elsewhere.

Does a simple will let me disinherit my spouse?

No. The surviving spouse can always claim a 30% elective share under § 732.201, regardless of what the will says. A prenuptial waiver is the only fix.

Does Florida recognize electronic wills?

Yes. Florida’s Electronic Wills Act, effective July 1, 2020, allows e-wills signed remotely with two witnesses and stored by a qualified custodian. Vulnerable adults cannot use remote witnessing.

Does my Florida will need a lawyer?

No. Florida law does not require an attorney, but the Supreme Court case Aldrich v. Basile shows how DIY wills fail due to missing residuary clauses and drafting gaps.

Does Florida recognize a will signed by only one witness?

No. Section 732.502 requires two witnesses; one witness makes the will entirely void, even if a notary also signed. Strict compliance is mandatory.

Does a Florida will override beneficiary designations on a 401(k) or life insurance?

No. Beneficiary designations pass outside the will, under federal ERISA and Florida contract law. Update designations directly with the plan administrator.

Does a Florida simple will name a guardian for my minor children?

Yes. A parent may nominate a guardian under § 744.3046, and Florida courts follow the nomination unless it harms the child. This is often the most important clause.

Does Florida recognize a will signed by a 17-year-old?

No. Only persons 18 or older, or emancipated minors, may make a will under § 732.501. A will signed by a 17-year-old is void unless the court has granted emancipation.

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