Florida Holographic Wills: Valid or Invalid?

December 30, 2006

A Florida Holographic Will: A will written entirely in the testator's own handwriting. NOTE Holographic wills are not valid in Florida unless they comply with the statute of wills and Florida statute 732.502, even if they were valid in another state when created.

All other wills are valid in Florida if they were valid in the other state at the time they were created.

Florida statute 732.502 requires that the:

(a) Testator's signature.--


    1. The testator must sign the will at the end; or
    2. The testator's name must be subscribed at the end of the will by some other person in the testator's presence and by the testator's direction.

(b) Witnesses.--The testator's:

    1. Signing, or
    2. Acknowledgment:

      a. That he or she has previously signed the will, or
      b. That another person has subscribed the testator's name to it, must be in the presence of at least two attesting witnesses.

(c) Witnesses' signatures.--The attesting witnesses must sign the will in the presence of the testator and in the presence of each other.