The Three Things That Make a Will Valid
Get these exactly right, or the will can be set aside:
- In writing, signed by you at the end.
- Two witnesses who watch you sign (or acknowledge your signature) and then sign in front of you and each other.
- A self-proving affidavit, signed before a notary, so the court accepts the will without hunting down your witnesses years later.
That witnessing step is where most do-it-yourself wills fail. A perfectly worded will that was not witnessed properly is, in the eyes of the court, no will at all.
Can You Notarize Your Own Will?
No, a notary does not replace witnesses in Florida. You still need two witnesses for the will to be valid; the notary’s separate job is the self-proving affidavit that speeds it through probate. The right recipe is two witnesses plus a notary, not one instead of the other. A will that is notarized but not properly witnessed is vulnerable.
Want a will you know will hold up?
Book a free 30-minute consult. We draft it, sign it correctly, and make it self-proving, for a flat $299.
Book your free consultOnline Wills and Templates: When They Backfire
An online or template will can be valid if executed correctly, but that is exactly where they go wrong. Generic forms miss Florida’s witnessing rules, ignore the homestead restriction (you cannot freely leave your home if you have a spouse or minor child), and skip guardian nominations and self-proving affidavits. Worse, they cannot advise you on your own family, which is where the expensive mistakes hide. For a truly simple estate, a properly signed will is fine; for most people, an attorney-drafted will is cheap insurance against an unenforceable one.
Remember: a Will Does Not Avoid Probate
A will is the instruction sheet probate follows, not a way around it. If avoiding probate matters to you, pair the will with a funded trust, a lady bird deed on the home, and proper beneficiary designations. The will still matters, it names who is in charge and who raises your children, but know what it does and does not do. More on what a Florida will can and can’t do →
Frequently Asked Questions
How Do I Write a Will in Florida?
A Florida will has to be in writing, signed by you at the end, and witnessed by two people who watch you sign and then sign in front of you and each other. That witnessing step is the whole ballgame, get it wrong and the will can be thrown out, no matter how clear your wishes were. You should also attach a self-proving affidavit, signed before a notary, so the will is accepted by the probate court without tracking down your witnesses years later. After that, the will names who is in charge (your personal representative) and, for parents, a guardian for minor children.
Can I Write My Own Will in Florida?
You can, and a simple handwritten or typed will is legal in Florida as long as it is signed and witnessed correctly. The problem is not the writing; it is the execution and the Florida-specific traps. Most do-it-yourself wills fail on the witnessing rule, the homestead restriction (you cannot freely leave your home if you have a spouse or minor child), or the spousal-share rules, and a defective will is simply unenforceable. If your estate is genuinely simple, a properly witnessed will can work; if there is a home, a blended family, or minor children, the risk of doing it yourself is real.
Can I Notarize My Own Will Instead of Using Witnesses?
No, a notary does not replace witnesses in Florida. You still need two witnesses for the will to be valid; the notary’s separate job is to make the will "self-proving," which speeds it through probate later. So the right way is two witnesses plus a notary (for the self-proving affidavit), not one or the other. A will notarized but not properly witnessed can be challenged. We handle the signing so all the boxes are checked.
Are Online Wills and Templates Legal in Florida?
A will from an online service or template can be legally valid if it is executed correctly under Florida law, but that is exactly where they go wrong. Generic templates often miss Florida’s witnessing requirements, ignore the homestead rules, and leave out guardian nominations and self-proving affidavits. They also cannot give you advice about your specific family, which is where the costly mistakes hide. For a truly simple situation an online will may be fine; for most people the few hundred dollars for an attorney-drafted will is cheap insurance against an unenforceable document.
Does a Will Avoid Probate?
No. A will is the instruction sheet probate follows; assets in your name alone still go through the probate court. If avoiding probate is your goal, you need additional tools: a funded revocable trust, a lady bird deed on your home, or pay-on-death and beneficiary designations on accounts. A will is still essential, it names your personal representative and a guardian for your children, but it is not a probate-avoidance device on its own.
How Much Does It Cost to Have a Will Drafted in Florida?
At our firm a stand-alone will is a flat $299. Most clients choose a will-based plan from $1,200 (individual), which adds a durable power of attorney and health-care directives, the documents that work while you are alive. You see the flat fee up front, and we make sure the will is signed correctly so it actually holds up. Compared with the cost and conflict of an invalid will, it is inexpensive certainty.
Can a Beneficiary Be a Witness to My Florida Will?
Yes, and in Florida it does not break the will. Florida is unusual here: a witness who also inherits under the will still makes a valid will, and that person does not lose their gift (many other states void the inheritance to an interested witness). Even so, the safer practice is to use two disinterested witnesses, people who get nothing under the will, so it is harder to challenge later. We provide neutral witnesses and a notary at signing, so this is never an issue for our clients.
Common Situations
The DIY that failed. A man printed an online will and had his wife and son sign as witnesses, but they signed later, in another room, not in his presence or each other's. Florida law is strict about how a signing happens, and a botched one opens the door to a challenge. The will was contested, and the family spent far more fighting than a $299 will would have cost. (Florida does allow a spouse or beneficiary to witness; the safer practice is still witnesses with no stake in the will, so no one can paint the signing as self-serving.)
The simple win. A single woman with one bank account and no real estate gets a properly witnessed, self-proving will for a flat fee, exactly what she needed, done right.
The after-born child. A divorced Tampa father used a form will to split everything between his two children. A third child came along years later, and he never updated the document. Under Florida law, a child born after a will who is not provided for can claim the share they would have received with no will at all, which reshuffles the plan for everyone. No template warns you about that; an attorney addresses future children in the drafting, and a quick update after each birth keeps the plan true.
Sources of Law
- Fla. Stat. §732.502 (execution of wills: writing, signature, two attesting witnesses); §732.503 (self-proving affidavit and notary). A handwritten will is valid if executed under §732.502; a purely holographic (unwitnessed) or oral (nuncupative) will is not. flsenate.gov (retrieved 2026-06-08)
Updated on July 12, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. Attorney Kevin Klagge represents families, businesses, and international clients in estate planning and international law, with a focus on Florida legal tools. He litigates estate and business issues in court. General information about Florida law, not legal advice, and no attorney-client relationship is created. A will should fit your situation. Do not send confidential information until we have agreed to represent you.